2023A-10373-CHC-ROC Notice of Hearing and Packet MAILED

2023A-10373-CHC-ROC · Registrar of Contractors · 2023-12-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Julie Mataway , Case No. 2023-10373 COMPLAINANT, Docket No. 2023A-10373-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Cardinal Heating & Cooling LLC License No. ROC 282148,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

January 29, 2024 1:00 PM Jenna Clark 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 13, 2023.

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

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

Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

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

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

argument to the administrative law judge.

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

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

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

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

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

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

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

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

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

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

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

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

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure-

statement.

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The

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

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

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay.

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

RESOLUTION SHORT OF ADJUDICATION

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

Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated December 18, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail December 18, 2023 to:

Respondent(s) Cardinal Heating & Cooling LLC 3653 N 35th Ave Phoenix, AZ 85017 Complainant(s) Julie Mataway 1306 East Yucca Street Phoenix, AZ 85020-1121

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. 2023-10373 /

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: Julie Mataway 1306 East Yucca Street Phoenix, AZ 85020-1121

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: Cardinal Heating & Cooling LLC 3653 N 35th Ave Phoenix, AZ 85017

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 7, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10373

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for September 29, 2023 at 10:15 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complaint #2023-10373 P 1 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 2 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 3 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 4 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 5 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 6 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 7 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 8 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 9 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 10 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 11 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 12 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complaint #2023-10373 P 13 JSI date 09/29/2023 at 10:15 AM JSI PHOTOS Complainant: Julie Mataway 1306 East Yucca Street Phoenix, AZ 85020-1121

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: Cardinal Heating & Cooling LLC 3653 N 35th Ave Phoenix, AZ 85017

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 19, 2023

License No. ROC 282148

Re:Complaint No. 2023-10373

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 11/06/2023.

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- Unit fails to function properly. It does not cool to an acceptable temperature and shuts off during the cooling process. Investigator’s Observation: Verified. At the time of this jobsite inspection I observed a roof top type HVAC packaged unit. The Thermostat was set to cool 60°F for the duration of the inspection. The unit capacity is 3 tons, and is manufactured by TRANE. The unit appeared to be short cycling during the duration of the inspection. This condition is more likely than not, due to the under sized return air duct (10” diameter flex) and was confirmed with the Respondent.

The complainant stated that the new unit was installed on or about May 17, 2023.The tenant stated that the system is constantly running, but fails to adequately cool the 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 residence since installation. The Complainant provided several SMS messages exchanged with the Respondent (uploaded to complaint file). Complainant notified Respondent that the unit wasn’t cooling and a service call was scheduled and performed, where 1lb of refrigerant was added, the coil was cleaned and service fee was to be charged. On 07/13/2023 the Complainant received a SMS message stating the unit needed more refrigerant. The Complainant responded with, “why is the new unit losing Freon” and the Respondent’s reply was that “Sometimes units come under charged from the manufacturer.”

After reviewing the documents provided, and statements made by both parties, the Registrar determined that the work performed does not meet professional industry standards. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

N/A

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

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Jobsite Inspection Notes

Case No.: 2023-10373 Investigator: Robert Di Alto Inspection Date: September 29, 2023 Inspection Time: 10:15 AM

Complainant: Julie Mataway Respondent: Cardinal Heating & Not Present: Cooling LLC Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file. Temp upon arrival= 87° F- Temp upon departure= 90° F The residence is 2 bedroom and 1 bath and is approximately 899 square feet. The exterior walls are masonry type construction (CMU) and the front of the residence has a western exposure. The windows have a northern exposure, and shares one common wall with adjacent unit having a southern exposure. The Complainant stated that after the installation of the new HVAC unit, the tenants electrical bills skyrocketed and were in the $400 a month range.

The complainant stated that the new unit was installed on or about May 17, 2023.The tenant stated that the system is constantly running, but fails to adequately cool the residence since installation. The Complainant provided several SMS messages exchanged with the Respondent (uploaded to complaint file). Complainant notified Respondent that the unit wasn’t cooling and a service call was scheduled and performed, where 1lb of refrigerant was added, the coil was cleaned and service fee of $365 was to be charged. On 07/13/2023 the Complainant received a SMS message stating the unit 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

needed more refrigerant. The Complainant responded with, “why is the new unit losing Freon” and the Respondent’s reply was that “Sometimes units come under charged from the manufacturer.”

After review the review of the documents provided, and statements made by both parties, the Respondent, should have submitted a change order, describing the deficiencies discovered prior to the installation of the HVAC unit. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Julie Mataway, Case No. 2023-10373 COMPLAINANT, v. CITATION Cardinal Heating & Cooling LLC License No. ROC 282148,

RESPONDENT.

The Registrar issues this Citation to Cardinal Heating & Cooling LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 28, 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 6, 2023, Julie Mataway (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-10373. 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] of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 28, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an 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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated November 13, 2023. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, November 13, 2023 to:

Respondent Certified Mail No: [number redacted]

Cardinal Heating & Cooling LLC 3653 N 35th Ave Phoenix, AZ 85017-4410 Copy mailed by USPS First Class mail this same date to:

Respondent Cardinal Heating & Cooling LLC 3653 N 35th Ave Phoenix, AZ 85017-4410

Complainant Julie Mataway 1306 East Yucca Street Phoenix, AZ 85020-1121

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. 2023-10373

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 Your electricity bill Angela Ayo

Bill date: August 3, 2023 YOUR ACCOUNT NUMBER: FOR SERVICE AT: Summary of what you owe 9633 N 16 St Apt B Questions? Amount due on your last bill $231.45 Log in to My Account at aps.com Payment made $0.00 Go to support.aps.com for help Stay informed. Visit aps.com/alerts Your balance forward $231.45 Save money on your energy bill - a smart thermostat Your new charges (details on following pages) can help. Cost of electricity (includes taxes and fees) $371.33 Smart thermostats can work with your APS plan to maximize comfort and convenience while minimizing your energy costs. Total amount due $602.78 Using your smartphone or device, you can automatically Payment due date Aug 24, 2023 adjust the thermostat to take advantage of lower-cost off-peak hours. Find instant rebates, discounts and special offers on smart thermostats at marketplace.aps.com. Find hidden savings in your home Your home has savings potential – if you know where to look. Schedule an on-site Home Performance with ENERGY STAR® Checkup with a participating contractor, for as low as $99, to learn where you could save on your energy bill. Get started at aps.com/checkup.

When paying in person, please Page 1 of 8 See page 2 for more information. bring the bottom portion of your bill. Your account number Bill date Total amount due: $ 602.78 August 3, 2023 Mailing address or phone number change? Payment due date: Aug 24, 2023 Check here and fill in the details on the back. # [number redacted] I=[number redacted] Total amount paid: $ _____________ Please make your check payable to APS and write your account number on your check. ANGELA AYO To ensure proper credit, please enclose the 9633 N 16TH ST APT B PHOENIX AZ 85020-2353 bottom portion of your bill with your payment. Pay 24 hours-a-day, 7 days a week · Visit aps.com/paybill · Download our free, mobile app · Call 602-371-6555 or 866-776-0445

0000000 [number redacted] 000 News from APS Things you need to know Have a question, concern or dispute regarding your bill or payment? · Visit aps.com/contact to email us or chat · Call 602-371-7171 (metro Phoenix) or 800-253-9405 (other areas) · Para servicio en español llame 602-371-6861 · Hearing Impaired Dial 711 (AZ Relay) · Send us a letter: APS, Station 3200, PO Box 53933, Phoenix AZ 85072-3933 Have an electrical emergency? Call: · 855-688-2437 (metro Phoenix) or 855-688-2437 (other areas) for power outages · 602-258-5483 (metro Phoenix) or 800-253-9408 (other areas) for other electrical emergencies · 811 or 800-782-5348 (Blue Stake) before you dig to avoid an electrical emergency Important billing information: · Payment is due no later than 21 days from the bill date. If received later than 28 days from the bill date, your account will be delinquent and may be subject to a late payment charge of 1.5% + tax per month. If your power is shut off for nonpayment, you will need to pay the past due amount before service will be turned back on. · We may require a deposit if an account becomes delinquent with two or more bills, or has been disconnected for nonpayment within a 12-month period. Deposits may also be required for customers with a non-residential service plan who do not meet certain financial conditions (as determined by APS using a credit scoring worksheet). · One-time waiver If you're on the Fixed Energy Charge Plan and your average monthly usage increases over time causing you to be moved to a higher tier you can contact us for a one-time waiver to keep your lower tier. See APS contact information above.

Electricity regulations and rates are approved by: Arizona Corporation Commission 1200 W Washington Street, Phoenix, AZ 85007 602-542-4251 or 800-222-7000 (toll free in-state only) azcc.gov

Mailing address or phone number change First name, middle name, last name

Address (number, street name)

City State Zip + 4

Home phone Business phone ( ) ( )

PO BOX 37812 BOONE IA 50037-0812 Your electricity bill Angela Ayo Your account number August 3, 2023 Service plan: Time-of-Use 4pm-7pm Weekdays with Demand Charge Meter number: GA6707 Meter reading cycle: 03

Charges for electricity services Amount of electricity you used Cost of electricity you used Meter reading on Aug 3 53607 Customer account charge $1.97 Meter reading on Jul 5 51091 Delivery service charge $26.92 Total electricity you used, in kWh 2516 Demand charge on-peak - delivery $23.62 On-peak meter reading on Aug 3 7739 Environmental benefits surcharge $7.18 On-peak meter reading on Jul 5 7454 Federal environmental improvement surcharge $0.34 System benefits charge $7.93 On-peak electricity you used, in kWh 285 (4pm - 7pm Monday - Friday) Power supply adjustment* $47.99 Metering* $5.45 Off-peak electricity you used, in kWh 2231 Meter reading* $1.97 (All other hours and certain holidays) Billing* $2.20 Generation of electricity on-peak* $28.31 On-peak demand meter reading 6.10 Generation of electricity off-peak* $62.33 Your billed on-peak demand in kW 6.1 Demand charge on-peak - generation* $79.32 Federal transmission and ancillary services* $27.60 Federal transmission cost adjustment* $0.93 Court resolution surcharge $4.40 LFCR adjustor $4.73 Cost of electricity you used $333.19 Taxes and fees Regulatory assessment $0.80 State sales tax $19.08 County sales tax $2.38 City sales tax $9.20 Franchise fee $6.68 Cost of electricity with taxes and fees $371.33 Total charges for electricity services $371.33 * These services are currently provided by APS but may be provided by a competitive supplier.

Glossary of Terms Customer account charge - The minimum charge for having Generation of electricity - The cost of producing the electricity service available, whether you used electricity or not. you used this month. Billing - The cost of calculating and providing your monthly Meter reading - A fixed fee to determine your energy use. statement. Metering - A fixed fee for providing and servicing the meter. Delivery service charge - A charge, based on your kWh usage and/or kW demand, to build and operate the equipment for Power supply adjustment - An adjustment mechanism to recover delivering electricity, including lines, poles, transformers and fluctuations in fuel and purchased power costs. substations. Regulatory assessment - A cost imposed on customers of state Demand charge (residential customers) - A charge for the single regulated utilities to help fund the Arizona Corporation Commission highest hour of on-peak energy used during a billing cycle – and Residential Utility Consumer's Office. averaged over an entire hour. Super off-peak charge - The cost of electricity used during Demand charge (business customers) - Varies per service plan. super-off peak hours (applies to the Saver Choice plan only). Please see aps.com for details. Systems benefits charge - A charge to cover the costs of Environmental benefits surcharge - A charge to cover the costs programs approved by the Arizona Corporation Commission, of programs approved by the Arizona Corporation Commission, including low-income assistance, demand side management, including: energy efficiency and renewable energy projects. customer education, environmental, renewables, long-term public benefit research and development, nuclear fuel disposal and Federal Environmental Improvement Surcharge - A charge to nuclear power plant decommissioning programs as well as other recover a portion of the cost of investments and expenses for programs approved by the Commission. environmental improvements at APS╞ generation facilities designed Federal transmission and ancillary services - The cost for to comply with environmental standards mandated by federal laws moving high voltage electricity from generating facilities and other or regulations. sources to the APS distribution lines. Franchise fee - A charge by a municipality for APS' use of the Federal transmission cost adjustment - A cost, based on your public rights-of-way for its facilities. kWh usage, to adjust for annual changes in transmission-related Generation of electricity off-peak - The cost of producing the costs procured to serve retail customers. electricity used during off-peak hours. LFCR adjustor - A charge to recover fixed costs of providing Generation of electricity on-peak - The cost of producing the service, such as power poles, wires, and other delivery electricity used during on-peak hours. infrastructure, that are lost due to mandated energy efficiency and rooftop solar. Grid access charge - A charge to recover some of the fixed costs of electric grid facilities that a customer with rooftop solar would not otherwise pay for through kilowatt-hour charges. Only applicable to customers with new rooftop solar who are billed on a non-demand rate.

Your safety is our priority. Please remember: ·Treat all wires with caution. Always assume a downed line is energized. ·Stay away from electrical equipment and substations. ·Electricity seeks all paths to ground. Never put yourself in a position to become a part of the path by touching energized equipment. ·If your vehicle comes in contact with a downed wire, stay in the vehicle and call 911 and then APS. ·Do not use water on an electrical fire. Call 911. If possible and if safe, unplug the device or turn off the main breaker. ·Call 811 at least two full working days before you excavate. ·Visit aps.com/safety for more electrical safety tips.

Your electricity bill Angela Ayo

Bill date: September 6, 2023 YOUR ACCOUNT NUMBER: FOR SERVICE AT: Missed Payment 9633 N 16 St Apt B Please note we did not receive last month's payment by the due date. Please make a Questions? payment today. If you need assistance paying your bill, we have programs and resource that can help. Visit aps.com/assistance. Log in to My Account at aps.com Go to support.aps.com for help Summary of what you owe Stay informed. Visit aps.com/alerts Amount due on your last bill $602.78 Need Assistance Paying Your Bill? Payment made $0.00 We have programs and resources that can help. For example, we can give qualifying customers extra time to Your balance forward $602.78 catch up on their past due energy bill with a payment arrangement or explore bill assistance programs and Your new charges (details on following pages) resources to help reduce the monthly payment or pay down the bill. Learn more at aps.com/assistance or dial 211 for Cost of electricity (includes taxes and fees) $426.35 community resources. Call us anytime at (602) 371-7607 (metro Phoenix) or (800) 253-9409 (other areas). Total amount due $1,029.13 See if you qualify for 25% off your bill Payment due date Sep 27, 2023 Our Energy Support program offers qualified limited-income customers 25% off their APS bill each month. For example, if the cost of electricity you used is $100, you'd receive a discount of $25 before taxes on the electricity charge. Learn more at aps.com/assist. A Safety Net when you need it With the Safety Net program, you can designate a friend or loved one to receive a copy of your energy bill so they can remind you when your payment is due. And get extra peace of mind with Guest Roles. You can assign someone a guest role on your account to help you manage your energy bill. Learn more at aps.com/safetynet.

When paying in person, please Page 1 of 4 See page 2 for more information. bring the bottom portion of your bill. Your account number Bill date Total amount due: $ 1,029.13 September 6, 2023 Mailing address or phone number change? Payment due date: Sep 27, 2023 Check here and fill in the details on the back. # [number redacted] I=[number redacted] Total amount paid: $ _____________ Please make your check payable to APS and write your account number on your check. ANGELA AYO To ensure proper credit, please enclose the 9633 N 16TH ST APT B PHOENIX AZ 85020-2353 bottom portion of your bill with your payment. Pay 24 hours-a-day, 7 days a week · Visit aps.com/paybill · Download our free, mobile app · Call 602-371-6555 or 866-776-0445

0000000 [number redacted] 000 News from APS Things you need to know Pump the brakes on driving around town for the best deal. Search for your new Have a question, concern or dispute regarding your bill or electric vehicle (EV) from the comfort of your home or while you╞re on the go. Cruise payment? on over to cars.aps.com for all things EV. · Visit aps.com/contact to email us or chat · Call 602-371-7171 (metro Phoenix) or 800-253-9405 (other areas) · Para servicio en español llame 602-371-6861 Together, We Can Be Prepared · Hearing Impaired Dial 711 (AZ Relay) · Send us a letter: APS, Station 3200, PO Box 53933, Phoenix AZ Providing you safe, reliable energy is our top priority. That╞s why we work 85072-3933 year-round to prepare for wildfires. You can prepare all year too by trimming vegetation around your house, having an emergency plan ready and keeping Have an electrical emergency? Call: resources on hand like flashlights, batteries and portable chargers. Visit · 855-688-2437 (metro Phoenix) or 855-688-2437 (other areas) for aps.com/wildfiresafety to learn more. power outages · 602-258-5483 (metro Phoenix) or 800-253-9408 (other areas) for other electrical emergencies · 811 or 800-782-5348 (Blue Stake) before you dig to avoid an electrical emergency Important billing information: · Payment is due no later than 21 days from the bill date. If received later than 28 days from the bill date, your account will be delinquent and may be subject to a late payment charge of 1.5% + tax per month. If your power is shut off for nonpayment, you will need to pay the past due amount before service will be turned back on. · We may require a deposit if an account becomes delinquent with two or more bills, or has been disconnected for nonpayment within a 12-month period. Deposits may also be required for customers with a non-residential service plan who do not meet certain financial conditions (as determined by APS using a credit scoring worksheet). · One-time waiver If you're on the Fixed Energy Charge Plan and your average monthly usage increases over time causing you to be moved to a higher tier you can contact us for a one-time waiver to keep your lower tier. See APS contact information above.

Electricity regulations and rates are approved by: Arizona Corporation Commission 1200 W Washington Street, Phoenix, AZ 85007 602-542-4251 or 800-222-7000 (toll free in-state only) azcc.gov

Mailing address or phone number change First name, middle name, last name

Address (number, street name)

City State Zip + 4

Home phone Business phone ( ) ( )

PO BOX 37812 BOONE IA 50037-0812 Your electricity bill Angela Ayo Your account number September 6, 2023 Service plan: Time-of-Use 4pm-7pm Weekdays with Demand Charge Meter number: GA6707 Meter reading cycle: 03

Charges for electricity services Amount of electricity you used Cost of electricity you used Meter reading on Sep 6 56774 Customer account charge $2.31 Meter reading on Aug 3 53607 Delivery service charge $33.89 Total electricity you used, in kWh 3167 Demand charge on-peak - delivery $22.46 On-peak meter reading on Sep 6 8070 Environmental benefits surcharge $8.31 On-peak meter reading on Aug 3 7739 Federal environmental improvement surcharge $0.43 System benefits charge $9.98 On-peak electricity you used, in kWh 331 (4pm - 7pm Monday - Friday) Power supply adjustment* $60.42 Metering* $6.39 Off-peak electricity you used, in kWh 2836 Meter reading* $2.31 (All other hours and certain holidays) Billing* $2.58 Generation of electricity on-peak* $32.87 On-peak demand meter reading 5.84 Generation of electricity off-peak* $79.24 Your billed on-peak demand in kW 5.8 Demand charge on-peak - generation* $75.42 Federal transmission and ancillary services* $34.74 Federal transmission cost adjustment* $1.17 Average daily electricity use per month kWh Court resolution surcharge $5.54 LFCR adjustor $4.50 94 Cost of electricity you used $382.56 Taxes and fees 37 Regulatory assessment $0.92 18 State sales tax $21.90 0 County sales tax $2.74 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City sales tax $10.56 2022 2023 Franchise fee $7.67 Cost of electricity with taxes and fees $426.35 Comparing your monthly use Total charges for electricity services $426.35 This month Last month This month last year * These services are currently provided by APS but may be provided by Billing days 34 29 N/A a competitive supplier. Average outdoor temperature 93° 99° N/A Your total use in kWh 3167 2516 N/A Percentage of on-peak use 11% 12% N/A Your billed demand in kW 5.8 6.1 N/A Your average daily cost $12.54 $12.80 N/A

AZROC Complaint #2023-10373 Markus, Lane and Julie re Cardinal H & C Conversations with Cardinal H & C regarding potential remedies on poor A/C performance: After informing Cardinal the unit was not working properly, they performed this service on July 7, 2023:

Below is the second attempt to fix any issues 07/13/2023 (I was told it needed more freon): We were then told after that our living room vent needed to be enlarged:

After repeated no-shows on that (then showing up without notifying us), they refused to do business with us anymore.

Then we paid for inspections by two other companies who told us this was warranty work. I contacted Cardinal for resolution one more time: He now says our return vent (at a higher cost) needed to be enlarged:

All of my subsequent questions went unanswered; they never followed up with the job. 11/6/23, 12:16 PM State of Arizona Mail - Markus v Cardinal H & C

Robert Di Alto <[email redacted]>

Markus v Cardinal H & C message

Julie Markus <[email redacted]> Mon, Nov 6, 2023 at 11:03 AM To: Robert Di Alto <[email redacted]>

Good morning Mr. Di Alto,

I received this text from Cardinal this morning. This is the first communication we have received from them since the directive was issued. I believe their deadline was yesterday so I want to check with you before I respond. I guess I'll have to remind them of the service address (they show our address here)... Anyway, thank you for any direction you can provide

Julie and Lane Markus (602) 463-9476

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https://mail.google.com/mail/u/0/? k=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 11/7/23, 9:03 AM State of Arizona Mail - Cardinal H & C

Robert Di Alto <[email redacted]>

Cardinal H & C message

Julie Markus <[email redacted]> Mon, Nov 6, 2023 at 4:53 PM To: Robert Di Alto <[email redacted]>

My husband and I have decided to have another company do the work for us and proceed with applying for reimbur ement from the recovery fund The fact that the owner of Cardinal waited until today to contact u plu their unreliability in general makes us uncomfortable to proceed with them further.

Thank you for your help once again.

Julie and Lane (602) 463-9476

https://mail.google.com/mail/u/0/? k=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 These are arranged in order left-right, top-bottom. This is the only communication we had with Cardinal from answering their ad on 5/17/23 to completing the order before installation on 5/18/2023. The last text message includes our conversation after we asked for service when the unit was malfunctioning. I believe you have copies all of the other communication between them and us. As I mentioned earlier, we never spoke with anyone on the phone and had no communication with the owner of Cardinal H & C outside of this. Nothing was said by any tech at installation regarding vent/return size. My husband even commented how quickly they to installed the unit. When they were finished, I paid them and they left. J 1a7". ('2 n - n- ...-- l.^/ /. /z z'i-2, 7 // /. {ea ,/--7 (

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. CUSTOM DUCTS WORK . RES IDE NTIAL . COMMERCIAL . THE BEST COMPLIMENT YOU COULD GTVE ME FORAJOB WELL DONE IS T}IE REFERR^I OFYOUR FRJENDSAND FAMILY!' 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