2023A-10983-CHC-ROC Notice of Hearing and Packet MAILED

2023A-10983-CHC-ROC · Registrar of Contractors · 2024-02-28

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Michael Gulas , Case No. 2023-10983 COMPLAINANT, Docket No. 2023A-10983-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE R & D Appel LLC, DBA: The Edge Remodeling, License No. ROC 237727, 349555 RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

April 12, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on February 1, 2024.

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

Charge: 1 A.R.S. § 32-1154(A)(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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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

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

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated February 28, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail February 28, 2024 to: Respondent(s) R & D Appel LLC DBA: DBA: The Edge Remodeling, 21600 S Crismon Rd Queen Creek, AZ 85142

Complainant(s) Michael Gulas 19352 E Thornton Rd Queen Creek, AZ 85142

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. 2023-10983 /

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: Michael Gulas 19352 E Thornton Rd Queen Creek, AZ 85142

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: R & D Appel LLC DBA: The Edge Remodeling 21620 E Nightingale Dr Queen Creek, AZ 85142

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 26, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-10983

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for October 16, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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 Jobsite Inspection Notes

Case No.: 2023-10983 Investigator: Patricia Schuette Inspection Date: October 16, 2023 Inspection Time: 10:00 AM

Complainant: Michael Gulas Respondent: R & D Appel LLC Not Present: Not Present:

Jobsite General Notes: Both parties were present including Randy Appel with R & D Appell LLC. I explained process moving forward. IF a violation was determined a written directive would be issued giving minimum of 15 days for correction. The ROC does not dictate how corrections occur other than it must be done in a workmanship like manner and brought up to minimum workmanship standards.

Complaint Item: 1-Downstairs Bath GFCI not working correctly after repeated attempts to fix. Investigator’s Observation: Unverified. It appears that each bathroom was separated from each other and now has their own GFCI in each bath. Governing Rule: N/A

Complaint Item: 2-Downstairs Bath Cabinet drawer is crooked after install. Investigator’s Observation: Verified. The drawer is not sitting square and is crooked. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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Complaint Item: 3-Downstairs Bath P-trap not installed under sink as requested. Investigator’s Observation: Verified. The sink does not have a p- trap as required per plumbing code 1002.1 Fixture traps. Respondent to bring up to code requirements. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 4-Downstairs Bath glue from previous incorrect cabinet install still visible. Investigator’s Observation: Verified. There is some remnants of previous caulking. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 5-Dowstairs Bath shiplap wall not installed per contract. Investigator’s Observation: Verified. The shiplap was not able to be installed due to spacing issues between the back of the toilet and the shiplap itself. Per Respondent a credit for the cost to be applied to the overall total. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 6-Downstairs Bath sink installed on counter incorrect. Gap behind not sealed. Investigator’s Observation: Verified. There is a small space on the backside of the top mounted sink bowl and the countertop that is not sealed. Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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work not performed in accordance with professional industry standards.

Complaint Item: 7-Downstairs Bath grout on floor not corrected. Holes still present. Investigator’s Observation: Verified. There were a few places where the floor grout had some voids and not up to the finish edge of the tile. Respondent to identify areas and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 8-Downstairs Bath sealing around countertops not completed. Investigator’s Observation: Verified. There is a small section behind the sink bowl where the backsplash is not caulked/sealed. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 9-Downstairs Bath base trim replaced but not finished. Investigator’s Observation: Unverified. The contract was for the Complainant to provide painting. Governing Rule: N/A

Complaint Item: 10-Hall Bath sink faucet scratched at install not replaced. Investigator’s Observation: Verified. Respondent stated that a credit would be applied to total bill for the damage. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor

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work not performed in accordance with professional industry standards.

Complaint Item: 11-Hall Bath outlets replaced multiple times, still not in correct place. Investigator’s Observation: Unverified. There is not enough evidence to support a ruling against the license. The contract does not specify locations of the moved electrical work. Governing Rule: N/A

Complaint Item: 12-Hall Bath GFCI not connected after multiple attempts to fix. Investigator’s Observation: Verified. It appears that each bathroom was separated to have its own GFCI however; the second outlet does not trip power when the GFCI is tripped in the Hall bath. Respondent to identify cause and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 13-Hall Bath attempt to fix tile in shower, used silicone not grout provided. Investigator’s Observation: Unverified. It appears that the material around the tiles replaced is grout. Governing Rule: N/A

Complaint Item: 14-Hall Bath metal plumbing provided not used under sink not corrected. Investigator’s Observation: Verified. Braided supply line was only installed on one side not the other. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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work not performed in accordance with professional industry standards.

Complaint Item: 15-Hall Bath sealing around small window still not completed. Investigator’s Observation: Verified. There is inconsistent grout between tile and window frame on the window above the tub. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 16-Hall Bath sealing around countertops not completed. Investigator’s Observation: Verified. There is a gap between the countertop and backsplash. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 17-Hall Bath cabinets have damage and functional issues not corrected. Investigator’s Observation: Verified. There were a few dings/gouges on the face of the doors/drawers. There is also a vanity door that rubbed the drawer fronts when opened. Respondent to identify areas and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 18-Hall Bath medicine cabinet replaced and damage to hallway not painted. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Investigator’s Observation: Verified. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 19-Hall Bath access cap installed in hallway not necessary per inspection. Investigator’s Observation: Unverified. All electrical junctions must be accessible per code. 314.29 Boxes, Conduit Bodies, and Handhole Enclosures to Be Accessible. Boxes, conduit bodies, and handhole enclosures shall be installed so that the wiring contained in them can be rendered accessible without removing any part of the building or structure or, in underground circuits, without excavating sidewalks, paving, earth, or other substance that is to be used to establish the finished grade. Governing Rule: N/A

Complaint Item: 20-Hall Bath toilet crooked and not corrected. Investigator’s Observation: Verified. The toilet bowl/base is not installed perpendicular or straight with the wall. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 21-Master Bath tub filler damaged and not replaced. Investigator’s Observation: Verified. There is damage/scratch on the fixture. Respondent mentioned applying a credit to total invoice. Correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor

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

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

work not performed in accordance with professional industry standards.

Complaint Item: 22-Master Bath tile around windows and niche damaged and not replaced. Investigator’s Observation: Verified. There are cut tiles with jagged edges. Respondent to identify all tiles and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 23-Master Bath small window installed twice and crooked per inspection. Investigator’s Observation: Verified. It is uncertain if the window is not installed square or if the tile return to window is not level. Respondent to determine causation and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 24-Master Bath hanging above tub damage and not replaced. Investigator’s Observation: Verified. One of the sconces on the light fixture is cracked. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 25-Master Bath ledge in shower is poorly done and needs to be retiled. Investigator’s Observation: Partially verified. The nature of the tile 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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causes some challenges with grout joint inconsistencies with curved areas however; there are a few places where the tile is chipped. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 26-Master Bath proper sealing in shower not complete per inspection. Investigator’s Observation: Verified. The sealing or waterproofing is behind the tile and not able to view however, the complaint was really about the horizontal to vertical transitions and where the shower floor tile meets the wall tile that is cracked. Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 27-Master Bath cabinets installed incorrectly wall tile and floor not replaced. Investigator’s Observation: Verified. There is a miss measure either from the vanity, countertop, or shower dimension causing an alignment problem with the overlap of the shower wall tile over the countertop, shortened backsplash on the top and a slight overhang of vanity over the shower curb. Respondent to determine causation and correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 28-Master Bath cabinets have functional issues and damage not corrected. Investigator’s Observation: Verified. There are some gouges/chips 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

and drawers/doors that do not operate full swing or pull. Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 29-Master Bath sealing on countertops not completed. Investigator’s Observation: Verified. The top to backsplash is not fully caulked or sealed. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 30-Master bath several areas of floor grout defects have not been fixed. Investigator’s Observation: Verified. There are several locations where there is pinholes or low spots in the floor grout. Respondent to identify locations and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 31-Master Bath floor tile around toilet damaged and not replaced. Investigator’s Observation: Verified. There is caulking that is on grout where the toilet used to sit. Respondent to repair within appropriate means. Governing 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

Complaint Item: 32-Master Bath shower handles installed crooked not fixed per inspection. Investigator’s Observation: Unverified. The position of the base of the handles is determined by the location of the stud that they are attached to. The resting location of the handle themselves do not align when in the off position but not a workmanship issue. Governing Rule: N/A

Complaint Item: 33-Master Bath bedroom ceiling paint damaged not repaired or repainted. Investigator’s Observation: Verified. There are a few spots where containment was secured to wall/ceiling and damaged paint when removed. Repair within appropriate means. Governing 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

Complainant: Michael Gulas 19352 E Thornton Rd Queen Creek, AZ 85142

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: R & D Appel LLC DBA: The Edge Remodeling 21620 E Nightingale Dr Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 November 1, 2023

License No. ROC 237727

Re:Complaint No. 2023-10983

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on November 21, 2023.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

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-Downstairs Bath P-trap not installed under sink as requested. Investigator’s Observation: Verified. The sink does not have a p-trap as required per plumbing code 1002.1 Fixture traps. Respondent to bring up to code requirements. Governing 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 C009 04/21 Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. Complaint Item: 7-Downstairs Bath grout on floor not corrected. Holes still present. Investigator’s Observation: Verified. There were a few places where the floor grout had some voids and not up to the finish edge of the tile. Respondent to identify areas and repair within appropriate means. Governing 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 C009 04/21 Complaint Item: 12-Hall Bath GFCI not connected after multiple attempts to fix. Investigator’s Observation: Verified. It appears that each bathroom was separated to have its own GFCI however; the second outlet does not trip power when the GFCI is tripped in the Hall bath. Respondent to identify cause and repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 14-Hall Bath metal plumbing provided not used under sink not corrected. Investigator’s Observation: Verified. Braided supply line was only installed on one side not the other. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 16-Hall Bath sealing around countertops not completed. Investigator’s Observation: Verified. There is a gap between the

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 countertop and backsplash. Repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 18-Hall Bath medicine cabinet replaced and damage to hallway not painted. Investigator’s Observation: Verified. Repair within appropriate means. Governing 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 C009 04/21 Complaint Item: 21-Master Bath tub filler damaged and not replaced. Investigator’s Observation: Verified. There is damage/scratch on the fixture. Respondent mentioned applying a credit to total invoice. Correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 24-Master Bath hanging above tub damage and not replaced. Investigator’s Observation: Verified. One of the sconces on the light

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 fixture is cracked. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 25-Master Bath ledge in shower is poorly done and needs to be retiled. Investigator’s Observation: Partially verified. The nature of the tile causes some challenges with grout joint inconsistencies with curved areas however; there are a few places where the tile is chipped. Repair within appropriate means. Governing 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 C009 04/21 problem with the overlap of the shower wall tile over the countertop, shortened backsplash on the top and a slight overhang of vanity over the shower curb. Respondent to determine causation and correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 28-Master Bath cabinets have functional issues and damage not corrected. Investigator’s Observation: Verified. There are some gouges/chips and drawers/doors that do not operate full swing or pull. Respondent to repair within appropriate means. Governing 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 C009 04/21 work not performed in accordance with professional industry standards.

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

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-Downstairs Bath base trim replaced but not finished. Investigator’s Observation: Unverified. The contract was for the Complainant to provide painting. Governing Rule: N/A

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 32-Master Bath shower handles installed crooked not fixed per inspection. Investigator’s Observation: Unverified. The position of the base of the handles is determined by the location of the stud that they are attached to. The resting location of the handle themselves do not align when in the off position but not a workmanship issue. Governing Rule: N/A

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

Sincerely,

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

License mailing address (if different from account/company address of record):

R & D Appel LLC The Edge Remodeling 22246 S Ellsworth Rd Queen Creek, AZ 85142-8358

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: Michael Gulas 19352 E Thornton Rd Queen Creek, AZ 85142

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: R & D Appel LLC DBA: The Edge Remodeling 21620 E Nightingale Dr Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 22, 2023

License No. ROC 237727

Re:Complaint No. 2023-10983

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR