2023A-10334-CHC-ROC Notice of Hearing and Packet MAILED

2023A-10334-CHC-ROC · Registrar of Contractors · 2023-12-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Emmanuel Ramirez , Case No. 2023-10334 COMPLAINANT, Docket No. 2023A-10334-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Surface Protective Coatings LLC DBA: DBA: Epoxy Floor King License No. ROC 326179,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 16, 2024 1:00 PM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on November 2, 2023.

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

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

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

Charge: 3 A.R.S. § 32-1154(A)(22)

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

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

be a party to the hearing.

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

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

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

1156(B).

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

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

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

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

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

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

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

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

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

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

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

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 4, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 4, 2023 to:

Respondent(s) Surface Protective Coatings LLC 4332 W 21st Street Yuma, AZ 85364 Complainant(s) Emmanuel Ramirez 4802 W 11th pl Yuma, AZ 85364

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. 2023-10334 /

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: Emmanuel Ramirez 4802 W 11th Pl Yuma, AZ 85364

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: Surface Protective Coatings LLC DBA: Epoxy Floor King 1717 S Arizona Ave Yuma, AZ 85364

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 September 8, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10334

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 26, 2023 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely,

Ruben Perez Sr. Ruben Perez Sr. Investigator #190 928 6370492 [email redacted] 1700 W Washington St Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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: Emmanuel Ramirez 4802 W 11th Pl Yuma, AZ 85364

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: Surface Protective Coatings LLC DBA: Epoxy Floor King 1717 S Arizona Ave Yuma, AZ 85364

September 18, 2023

Re: Complaint Number 2023-10334

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for September 26, 2023 at 10:30 AM has been rescheduled for September 22, 2023 at 10:30 AM.

If either party is unable to attend, the Registrar requires 36-hours 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,

Ruben Perez Sr. Ruben Perez Sr. Investigator #190 928 6370492 [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 Jobsite Inspection Notes

Case No.: 2023-10334 Investigator: Ruben Perez Sr. Inspection Date: September 22, 2023 Inspection Time: 10:30 AM

Complainant: Emmanuel Ramirez Respondent: Surface Protective Not Present: Coatings LLC Not Present:

Jobsite General Notes: A job site inspection was performed with complainant, Stephen Emmanuel Ramirez and his wife, Dania Sanchez Ramirez present. Respondent’s representatives, Erick Nunez and Louis Vizcano were also present. Complainant alleges that respondent performed poor work on the below listed items. Written contract for this project was signed on 07/05/2023 and job was finished on 08/23/2023. This complaint was filed on 09/05/2023 which, is within one year.

At JSI, both parties reported the job was completed as contracted however, complainants were not satisfied with product. Both parties then agreed to have respondent re-do the floor without compensation for labor while complainant paid for new materials.

Complaint Item 2: NOT APPLICATION OF GLOSS ARMOR FINISH COVERAGE IN SPECIFIC AREAS OF THE FLOOR. Investigator’s Observation: Floor was observed within industry standards. Governing Rule: NA

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

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

Complaint Item 3: KITCHEN FURNITURE DAMAGE WITH EPHOXY AND CHEMICALS Investigator’s Observation: Bottom of lower kitchen cabinets were observed with light colored stains. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

Complaint Item 4: INTERIOR WALLS DAMAGE Investigator’s Observation: Front window sill was observed with 2 spots with excess floor material. Living room walls were observed with 2 scratches approximately 3’ from floor. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

Complaint Item 5: CARPET ROOM DAMAGE (EPOXY ON IT) Investigator’s Observation: West bedroom carpet edge was observed with excess floor material. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

Complaint Item 6: DOOR FRAME PAINT DAMAGE Investigator’s Observation: West bedroom door frame was observed with paint peeling. Complainant reported this was caused by dust containment material used in floor application process. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

Complaint Item 8: MAIN ENTRANCE CEMENT DAMAGE (EPHOXY AND CHEMICALS STAIN) Investigator’s Observation: Concrete pad near front door was observed with excess liquid material on it. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

Complaint Item 9: ROOMS, FURNITURE, CLOTHE, DISHES ,APPLIANCES COVERED BY EPOXY DUST Investigator’s Observation: This item was corrected prior to inspection. Governing Rule: NA

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

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

Complaint #2023-10334 P 1 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

1-Residence at 4802 W 11th Pl Yuma, AZ 85364 Complaint #2023-10334 P 2 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

2-Living room showing finished floor Complaint #2023-10334 P 3 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

3-Close up to minor imperfection on living room floor Complaint #2023-10334 P 4 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

4-Living room floor showing imperfection Complaint #2023-10334 P 5 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

5-Living room window showing excess epoxy material on sill Complaint #2023-10334 P 6 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

6-Kitchen pantry showing floor condition Complaint #2023-10334 P 7 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

7-Close up to kitchen pantry floor Complaint #2023-10334 P 8 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

8-Close up to kitchen pantry floor Complaint #2023-10334 P 9 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

9-Dining room floor showing finished product Complaint #2023-10334 P 10 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

10-Family room showing finished floor Complaint #2023-10334 P 11 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

11-Close up to minor imperfection on family room floor Complaint #2023-10334 P 12 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

12-Hallway floor showing epoxy up to carpet Complaint #2023-10334 P 13 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

13-Close up to hallway floor showing epoxy up to carpet Complaint #2023-10334 P 14 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

14-Hallway showing floor Complaint #2023-10334 P 15 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

15-Kitchen floor showing stained cabinets (bottom edge) Complaint #2023-10334 P 16 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

16-Kitchen floor showing stained cabinets (bottom edge) Complaint #2023-10334 P 17 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

17-Living room showing scratch on wall Complaint #2023-10334 P 18 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

18-Living room showing scratch on wall Complaint #2023-10334 P 19 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

19-Bedroom door showing peeling paint on frame Complaint #2023-10334 P 20 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

20-Stucco wall near front door showing spot (bottom) Complaint #2023-10334 P 21 JSI Date 09/22/2023 at 10:30 AM JSI PHOTOS

21-Concrete pad near front door showing stains on concrete Complainant: Emmanuel Ramirez 4802 W 11th Pl Yuma, AZ 85364

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: Surface Protective Coatings LLC DBA: Epoxy Floor King 1717 S Arizona Ave Yuma, AZ 85364

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 28, 2023

License No. ROC 326179

Re:Complaint No. 2023-10334

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on October 16, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item 1: POOR FINISHED WORK IN THE EPOXY FLOOR BUBBLES, SCRATCHES, HAIRS, ALCOHOL STAINS, AND PIECES OF WOOD, SHEETROCK AS WELL OF ORANGE TAPE BETWEEN THE EPOXY COAT AND CLEAR COAT) Investigator’s Observation: Floor was observed with 2 imperfections in living room (2 small ½” circles), 1 imperfection in family room and 2 areas in dining room with dark stains on floor. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108 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 Complaint Item 3: KITCHEN FURNITURE DAMAGE WITH EPHOXY AND CHEMICALS Investigator’s Observation: Bottom of lower kitchen cabinets were observed with light colored stains. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108

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

Complaint Item 2: NOT APPLICATION OF GLOSS ARMOR FINISH COVERAGE IN SPECIFIC AREAS OF THE FLOOR. Investigator’s Observation: Floor was observed within industry standards. Governing Rule: NA

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item 9: ROOMS, FURNITURE, CLOTHE, DISHES ,APPLIANCES COVERED BY EPOXY DUST Investigator’s Observation: This item was corrected prior to inspection. Governing Rule: NA

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

Sincerely,

Ruben Perez Sr. Ruben Perez Sr. Investigator #190 928 6370492 [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: Emmanuel Ramirez 4802 W 11th Pl Yuma, AZ 85364

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Respondent: Surface Protective Coatings LLC DBA: Epoxy Floor King 4332 W 21st St Yuma, AZ 85364

October 17, 2023

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-10334

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for October 27, 2023 at 10:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Ruben Perez Sr. Ruben Perez Sr. Investigator #190 928 6370492 [email redacted] 1700 W Washington St Suite 105 Phoenix, Arizona 85007-2812 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 05/21 Complainant: Emmanuel Ramirez 4802 W 11th Pl Yuma, AZ 85364

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Surface Protective Coatings LLC DBA: Epoxy Floor King 4332 W 21st St Yuma, AZ 85364

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-10334 Investigator: Ruben Perez Sr. Inspection Date: October 27, 2023 Inspection Time: 10:30 AM

Compliance Jobsite General Notes: A compliance job site inspection was performed with complainant’s wife, Dania Sanchez Ramirez present. Respondent, Erick Nunez was also present. Complainant alleges that respondent failed to perform all repairs as per written directive.

At compliance inspection, respondent reported he chose not to complete any repairs and requested a hearing in this case. He submitted an email prior to inspection explaining his position with the written directive.

Compliance Findings: Respondent did not comply with written directive. Findings are noted in italic font below each compliance item.

Complaint Item 1: POOR FINISHED WORK IN THE EPOXY FLOOR BUBBLES, SCRATCHES, HAIRS, ALCOHOL STAINS, AND PIECES OF WOOD, SHEETROCK AS WELL OF ORANGE TAPE BETWEEN THE EPOXY COAT AND CLEAR COAT) Investigator’s Observation: Floor was observed with 2 imperfections in living room (2 small ½” circles), 1 imperfection in family room and 2 areas in dining room with dark stains on floor. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108 Complaint Item 3: KITCHEN FURNITURE DAMAGE WITH EPHOXY AND CHEMICALS Investigator’s Observation: Bottom of lower kitchen cabinets were observed with light colored stains. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108 This item was not complied with as per written directive as this item was in same condition as in initial inspection.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint Item 5: CARPET ROOM DAMAGE (EPOXY ON IT) Investigator’s Observation: West bedroom carpet edge was observed with excess floor material. Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108 This item was not complied with as per written directive as this item was in same condition as in initial inspection.

Complaint Item 7: EXTERIOR STUCCO WALL DAMAGE (EPHOXY STAIN) Investigator’s Observation: Stucco near front door was observed stained (bottom). Respondent to correct by appropriate means. Governing Rule: Workmanship Rule: ARS 32-1154(A) (3) specifically to Rule 4-9-108 This item was not complied with as per written directive as this item was in same condition as in initial inspection.

Note:

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

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

Sincerely,

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Ruben Perez Sr. Ruben Perez Sr. Investigator #190 928 6370492 [email redacted] 1700 W Washington St Suite 105 Phoenix, Arizona 85007-2812

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complaint #2023-10334 P 1 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

1-Close up to minor imperfection on living room floor Complaint #2023-10334 P 2 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

2-Living room floor showing imperfection Complaint #2023-10334 P 3 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

3-Dining room floor showing finished product Complaint #2023-10334 P 4 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

4-Kitchen floor showing stained cabinets (bottom edge) Complaint #2023-10334 P 5 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

5-Kitchen floor showing stained cabinets (bottom edge) Complaint #2023-10334 P 6 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

6-Living room window showing excess epoxy material on sill Complaint #2023-10334 P 7 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

7-Close up to hallway floor showing epoxy up to carpet Complaint #2023-10334 P 8 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

8-Bedroom door showing peeling paint on frame Complaint #2023-10334 P 9 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

9-Stucco wall near front door showing spot (bottom) Complaint #2023-10334 P 10 CJSI Date 10/27/2023 at 10:30 AM CJSI PHOTOS

10-Concrete pad near front door showing stains on concrete REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Emmanuel Ramirez, Case No. 2023-10334 COMPLAINANT, v. Surface Protective Coatings LLC CITATION DBA: Epoxy Floor King License No. ROC 326179,

RESPONDENT.

The Registrar issues this Citation to Surface Protective Coatings LLC DBA: Epoxy

Floor King (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this

Citation by November 17, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to

answer may be deemed an admission of the act or acts charged in the underlying complaint, and

the Registrar may then suspend or revoke Respondent’s license(s).

THE WRITTEN COMPLAINT

On September 5, 2023, Emmanuel Ramirez (“Complainant”) filed a written complaint

with the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 contractor shall perform all work in a professional and workmanlike manner. Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-10334. 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 of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 17, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated November 2, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 2, 2023 to: Respondent Certified Mail No: [number redacted] Surface Protective Coatings LLC DBA: Epoxy Floor King 4332 W. 21st Street Yuma, AZ 85364 Copy mailed by USPS First Class mail this same date to:

Surface Protective Coatings LLC DBA: Epoxy Floor King 4332 W. 21st Street Yuma, AZ 85364 Complainant Emmanuel Ramirez 4802 W. 11th Pl. Yuma, AZ 85364

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. 2023-10334 / EJ of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 ESTIMATE Prepared For

Dania Sanchez 4802 W 11th PL Yuma, AZ 85364

Surface Protective Coatings LLC Estimate # 2846 Date 06/10/2023 4332 W 21 St., ROC # 326179 Yuma, AZ 85364 Business / Tax # 84-3014358 Phone: (928) 287-3140 Email: [email redacted] Web: SurfaceCoats.com

Description Rate Quantity Total

Classic Coatings System Etch,Stain & Sealer $8.00 760 $6,080.00 *Metallic Pearl Tone

Prep Surface mechanically as per ICRI-CSP2 profile by diamond grinding to ensure removal of laitance,

curing agents and sealers, existing epoxy coating, contaminants, help with floor unevenness and better adhesion

- Chase concrete cracks and vacuum to fill with 2 part MPC* crack filler

- Moisture Barrier

a biodegradable, non-flammable, and environmentally friendly coating remover that is VOC compliant in all 50 states. Classic Stripper does not contain any methylene chloride, caustics, or toxic chemicals. It does not contain any carcinogens or deplete the ozone like some competitive products on the market. It is highly effective when removing even the most durable industrial coatings. It can be used to remove tough acrylics, paints, lacquer sealers, latex paints, water-based alkyd paints, and oil-based enamels on all types of substrates including concrete, masonry, brick, wood, steel, aluminum, and metal alloys. Classic Stripper is not sticky or messy like soy-based strippers and saves on the cost for labor-intensive mechanical stripping methods. After stripping, clean the surface with (CW305) Classic Eco-Etch Cleaner.

Classic Super Eco-Etch is an Organic Acid replacement technology with Zero VOC, a low ph salt that is used to replace traditional acid. There is no need for neutralizing. 4 to 10 times more effective than citric and glycolic acid and 4 to 5 more effective than phosphoric acid when dissolving calcium carbonate. Classified as a mild skin irritant but non-corrosive to skin,

mild steel & no fumes. Approved by the US EPA as a non-food inert ingredient in bio-degradable applications. For use on pool decks, concrete slabs, stone, brick, and grout joints. It may be used for interior or exterior applications in high-traffic areas in a wide range of climates. Removes oil spots and grease. Excellent cleaner and etcher. Environmentally safe and cleans up with water.

FX2 Stain color

is a single component acrylic polymer blend penetrating water based stain. It provides excellent penetration, UV stability and it won't crack, peel or yellow. It can be applied over cementitious toppings, concrete, masonry, pavers, driveways, and polished concrete surfaces up to 400. FX2 is environmentally safe with no need to neutralize and no fumes or cleanup of hazardous chemicals with VOC and is semi-transparent. FX2 colors reach their full potential within minutes of application and can be built up without the worry of damaging the concrete like an acid stain does. Note that a Classic Sealer must be applied and will make the color more vibrant. For both indoor and outdoor use. We HIGHLY recommend testing a sample area first since results can vary for different surfaces.

Classic High Gloss Armor 2K

Aliphatic-Polyurethane Sealer is a clear, 2 component, VOC < 1g/l 63% solids, waterborne, special blend sealer that is designed to be used over all of our stains, as well as polymer-modified cementitious toppings, masonry, concrete and waterborne colorants. It may be used for exterior & interior. High Gloss Armor 2k provides UV stability and will not yellow. CRU repels water, oil, chemicals, and acid. It is formulated primarily as a clear sealer for durable protection over concrete restoration projects and is low maintenance. It is typically applied with a 9”x1/2” nap roller with 1-hour pot life, provided that the surface is properly prepared. High Gloss Armor 2K is environmentally safe and cleans up with water. Also available in matte or in a satin finish. Color additives are also available in solid colors and metallic colors. Caution: Sealers may be slippery when wet. If desired, add Classic Gator Grip slip resistance during the second application only. New concrete must cure for 28 days before sealer is applied. FOR PROFESSIONAL USE ONLY.

Subtotal $6,080.00

Total $6,080.00

Deposit Due $1,824.00

Notes:

$1,824.00 Down payment Received on 7/5/2023 Check #198

Industrial Concrete Stain Options

By signing this document, the customer agrees to the services and conditions outlined in this document.

Signed on: 07/05/2023 Dania Sanchez

Received 11/20/23, 8:22 AM State of Arizona Mail - Written Answer to Citation 11/17/2023 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation message

Surface Pro Coats <[email redacted]> Fri, Nov 17, 2023 at 3:06 PM To: [email redacted]

Written Answer to Citation and Complaint Case # 2023-10334

Floor was observed within industry standards. I would like to know what standards you were being based on? I have no Issue with the rest of the list other than the floor. Corrective action has already been taken here and there is no further action to follow there. Clients still have a balance of $4,256 They gave a down payment of $1,824 client states he has paid $3,120.31 which is incorrect The floor was properly prepped and installed. Corrective work was performed on the epoxy floor. The rest of the work was detained by the client initially then we proceeded to a hearing due to a lack of trust from both parties and unable to settle on our own. When I noticed the manner of each of us speaking at the meeting with the ROC investigator I felt this route would definitely be the best scenario for all us.

Here I attached some notes from when we were on site with a dated punch list with the date of 8/28/23 for those items we all talked about.

Other than that, here are some of the standards that also state this type of floors have normal variances. I have done over 200 floors and every single one of them have these characteristics.

1. ASTM Standards: The American Society for Testing and Materials (ASTM) has developed numerous standards for epoxy materials and applications. These standards cover areas such as epoxy resin properties, curing agents, adhesion, and the testing of epoxy materials for specific properties.

2. Surface Preparation: Epoxy coatings, in particular, often require specific surface preparation standards to ensure proper adhesion. Common methods include abrasive blasting, acid etching, and mechanical abrasion to achieve the desired surface profile.

3. Mixing and Application: Standards exist for the proper mixing and application of epoxy products. These standards may specify mixing ratios, application temperatures, and environmental conditions to ensure the epoxy cures correctly.

4. Curing Time and Conditions: Epoxy products need a specified curing time and environmental conditions (temperature, humidity) to achieve their designed properties. Industry standards outline these conditions for various epoxy formulations.

5. Performance Standards: Epoxy coatings and adhesives must meet specific performance standards, such as chemical resistance, impact resistance, abrasion resistance, and adhesion strength. Industry organizations may set these standards to ensure consistent quality.

6. Health and Safety: Standards address health and safety concerns related to epoxy materials, including proper handling, ventilation, and personal protective equipment.

https://mail.google.com/mail/b/AEoRXRTrIQH5T-BIHuORD45LrnyaE8-I-fuXFJJ9uJ0KzVKUBYdk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 1/2 Received 11/20/23, 8:22 AM State of Arizona Mail - Written Answer to Citation 11/17/2023 ROC Legal 7. Quality Control and Testing: Quality control and testing standards are used to assess the quality and consistency of epoxy materials. This includes methods for assessing the viscosity, adhesion, and other properties of epoxy products.

Normal Variances: Normal variances in epoxy products refer to slight deviations from ideal or expected characteristics that can o,ccur due to the nature of the materials and the application process. These variances can include:

Color Texture and Surface Adhesion Strength: While Variations: Slight color Finish: The texture Imperfections: Minor epoxy products are variations can occur in or finish of an epoxy surface imperfections designed to provide strong epoxy coatings due to surface can vary such as pinholes, adhesion, slight variations differences in batches slightly depending bubbles, or small in adhesion strength can of raw materials, on application inclusions may be occur due to surface environmental methods and considered normal preparation, curing conditions during environmental variances, especially in conditions, or application curing, or the age of the conditions during large epoxy techniques. epoxy. curing. applications.

Erick A. Nunez General Manager. Surface Protective Coatings LLC. (928) 287-3140 SurfaceCoats.com

attachments

Screenshot_20231005-091653_Samsung Notes (2).jpg 328K

4802 w 11 Pl.xlsx 10K

https://mail.google.com/mail/b/AEoRXRTrIQH5T-BIHuORD45LrnyaE8-I-fuXFJJ9uJ0KzVKUBYdk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 2/2 Received 11/17/2023 ROC Legal Received 11/17/2023 ROC Legal

4802 W 11 PL Yuma AZ 85364 Metalic Pearl Tone Contract $6,080.00 Deposit $1,824 Pending $4,256 Materials $3,066.97 Labor $2,520 Profit $493.03 Over run cost: 760 SQ FT x $1.00 $760.00 Sand & Re-coat of Metallic Epoxy Materials $693.80 Top Coat #2 & Extension cord, Palm Sander, Sand paper Labor $976.00 Total $8,509.80 Desposit Chk#198 ($1,824) Grand Total $6,685.80 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