2023A-11359-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11359-CHC-ROC · Registrar of Contractors · 2024-01-11
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
James Kasarskis , Case No. 2023-11359 COMPLAINANT, Docket No. 2023A-11359-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Jasent Montano LLC License No. ROC 318143,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
February 26, 2024 9:00 AM 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 December 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/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 January 11, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail January 11, 2024 to:
Respondent(s) Jasent Montano LLC 1739 E Indigo St Gilbert, AZ 85298
Complainant(s) James Kasarskis 1803 E Phoenix St Payson, AZ 85541
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. 2023-11359 /
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: James Kasarskis 1803 E Phoenix St Payson, AZ 85541
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: Jasent Montano LLC DBA: 1739 E Indigo St Gilbert, AZ 85298
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 11, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11359
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for October 24, 2023 at 11:00 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, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):
Jasent Montano LLC
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Complainant Attorney:
,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)
Respondent Attorney:
,
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 #2023-11359 P 1 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 2 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 3 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 4 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 5 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 6 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 7 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 8 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 9 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 10 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 11 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 12 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 13 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 14 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 15 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 16 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 17 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 18 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 19 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 20 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 21 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 22 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 23 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 24 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 25 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 26 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 27 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 28 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 29 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 30 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 31 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 32 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 33 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 34 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 35 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 36 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 37 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 38 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 39 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 40 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 41 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 42 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 43 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 44 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 45 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 46 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 47 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 48 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 49 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 50 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 51 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 52 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 53 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 54 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 55 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 56 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 57 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 58 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 59 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 60 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 61 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 62 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 63 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 64 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 65 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 66 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 67 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 68 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 69 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 70 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 71 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 72 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 73 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 74 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 75 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 76 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 77 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 78 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 79 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 80 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 81 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 82 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 83 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 84 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 85 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 86 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 87 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 88 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 89 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 90 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 91 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 92 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 93 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 94 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 95 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 96 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 97 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 98 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 99 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 100 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 101 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 102 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 103 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 104 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 105 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 106 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 107 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 108 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 109 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 110 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 111 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 112 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 113 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 114 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 115 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 116 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 117 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 118 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 119 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 120 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 121 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 122 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 123 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 124 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 125 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 126 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 127 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 128 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 129 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 130 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 131 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 132 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 133 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 134 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 135 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 136 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 137 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 138 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 139 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 140 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 141 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 142 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 143 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 144 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 145 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 146 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complaint #2023-11359 P 147 JSI date October 24, 2023 at 11:00 AM JSI PHOTOS Complainant: James Kasarskis 1803 E Phoenix St Payson, AZ 85541
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: Jasent Montano LLC DBA: Sonoran Sun Delopement, LLC 1739 E Indigo St Gilbert, AZ 85298
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 9, 2023
License No. ROC 318143
Re:Complaint No. 2023-11359
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 December 1, 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:
Compliance Item: 1 - Improper installation of siding. Investigator’s Observation: The siding was pulling away, cupping, and in some areas breaking (i.e. Corners at windows). Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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 Compliance Item: 2 - Siding lacks expansion gaps throughout exterior of house. Investigator’s Observation: This item is in relation to Item #1. The siding was not installed correctly and areas are compressing and/or cupping. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 4 - Pest control noted large gaps around soffits, roofline, garage trim, and corner trim. Investigator’s Observation: The Complainant was forced to protect his property and corrected the issue with by others. It should be noted that the openings noted do not meet standards and should be corrected to prevent further infestation. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 5 - Framing has gaps around eaves, siding, and roofline. Also, there is an issue with the kitchen island framing, which is causing the kitchen island to sink into the basement Investigator’s Observation: This statement is two items. The Complainant included framing as part of this item due to the island issue. The Respondent should correct both by appropriate means. Any framing gaps not corrected by others should be corrected by appropriate means. The Island tile issue should be investigated to determine the cause and corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 - Tile is sinking, cracking and separating in the kitchen and other areas. Investigator’s Observation: Grout is popping and multiple cracked tiles. Respondent noted the thinness of the tiles as a cause. If the tile manufacture provides floor installation then this should be corrected. If it does not allow for floor installation, there should be documentation waiving the Respondent of responsibility and signed by the Complainant. No documents provided. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 7 - Subfloor cracking is causing flooring issues Investigator’s Observation: Area where the wood flooring and tile meet in the kitchen have a poor transition. Area should be examined and determine the cause and corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 8 - Exterior stone ledger has workmanship issues, large gaps at roofline, around trusses and exterior lights and camera. Investigator’s Observation: Multiple areas not finished allowing animals to freely enter. The back patio Arizona Room does not seal around the stone areas. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 9 - Sliding glass doors aren’t functioning due to improper threshold sloping. Investigator’s Observation: Multiple doors not square and do not close properly. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 - There is gap penetration at AC condenser line. Investigator’s Observation: The gap has been filled with spray foam but does not meet standards as the foam is not designed for direct exterior weather exposer. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 12 - Roof lacks flashing in many areas and two eaves were left open with full access to the attic. Investigator’s Observation: Multiple areas corrected by the Complainant/others. Areas not corrected should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 15 - There are cracks in the drywall and dents in some corners. Mr. Montano said not to worry about that until we did our final one or two year walk thru. Investigator’s Observation: Any cracks from natural settling should be
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 corrected by appropriate means. Any dents or damaged areas cannot be determined who is responsible and no correction needed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 16 - The garage floor was left an absolute mess with paint and drywall stains that were supposed to get cleaned but never were. Investigator’s Observation: Respondent advised he was not given the opportunity to clean the garage floor due to Complainant items being stored there. If the Complainant removes the items from the garage the Respondent should clean. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 3 - Siding is missing flashing which has caused erosion. Investigator’s Observation: Unable to determine. Nothing shown or observed. Governing Rule: N/A
Compliance Item: 10 - The basement fireplace is not operating and has not operated since construction completion. Gas was never tested and the mantle never hung. Investigator’s Observation: I cannot determine whether the Respondent is responsible for this item. As there is no damage and it is not a workmanship issue, this item is exempt. 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 Compliance Item: 13 - Retaining wall has erosion in many areas and is leaning towards the house creating potential danger. There are large gaps between blocks. Investigator’s Observation: The retaining wall is failing. I have not received any engineering report for the wall. The Respondent was not compensated for this item and the Complainant directly paid the sub- contractor. The other contractor is responsible for this item and a complaint may be filed against them if the Complainant chooses too. Governing Rule: N/A
Compliance Item: 14 - Interior paint has spots all over the house; the different sheens are visible. Investigator’s Observation: I did observe this item to be as described. However, this should have been addressed at the 10 day walkthrough or a complaint filed within a reasonable amount of time from the 10 day walkthrough. No action required. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 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 C009 04/21 Jobsite Inspection Notes
Case No.: 2023-11359 Investigator: Miles Crosby Inspection Date: October 24, 2023 Inspection Time: 11:00 AM
Complainant: James Kasarskis Respondent: Jasent Montano LLC Not Present: Not Present:
Jobsite General Notes:
JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.
The Respondent was not present at the JSI. However, the Respondent did provide an acknowledgment response to the complaint items that has been added to the case file. The Respondent provided the temporary Certificate of Occupancy issued on or about 9/15/21. The official Certificate of Occupancy was issued on 10/22/21. Due to the C of O being finalized by the local building department the latter date is the jurisdictional time reference.
The Complainant provided their own documentation in regards to the contract which has been added to the case file as well. Many of the items listed do not meet minimum standards or did not get addressed by the Respondent as part of the punch list. I have not received any documentation from either party absolving the Respondent from responsibility. If there is documentation, it should be provided. As it stands now, the items are as follows along with the issuing of the Written Directive.
Complaint Item: 1 - Improper installation of siding. Investigator’s Observation: The siding was pulling away, cupping, and in some areas breaking (i.e. Corners at windows). Governing Rule: Violation of any rule adopted by the Registrar;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 2 - Siding lacks expansion gaps throughout exterior of house. Investigator’s Observation: This item is in relation to Item #1. The siding was not installed correctly and areas are compressing and/or cupping. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 3 - Siding is missing flashing which has caused erosion. Investigator’s Observation: Unable to determine. Nothing shown or observed. Governing Rule: N/A
Complaint Item: 4 - Pest control noted large gaps around soffits, roofline, garage trim, and corner trim. Investigator’s Observation: The Complainant was forced to protect his property and corrected the issue with by others. It should be noted that the openings noted do not meet standards, Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 5 - Framing has gaps around eaves, siding, and roofline. Also, there is an issue with the kitchen island framing, which is causing the kitchen island to sink into the basement Investigator’s Observation: This statement is two items. The Complainant included framing as part of this item due to the island issue. The Respondent should correct both by appropriate means. Any framing gaps not corrected by others should be corrected by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
The Island tile issue should be investigated to determine the cause and corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 6 - Tile is sinking, cracking and separating in the kitchen and other areas. Investigator’s Observation: Grout is popping and multiple cracked tiles. Respondent noted the thinness of the tiles as a cause. If the tile manufacture provides floor installation then this should be corrected. If it does not allow for floor installation, there should be documentation waiving the Respondent of responsibility and signed by the Complainant. No documents provided. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 7 - Subfloor cracking is causing flooring issues Investigator’s Observation: Area where the wood flooring and tile meet in the kitchen have a poor transition. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 8 - Exterior stone ledger has workmanship issues, large gaps at roofline, around trusses and exterior lights and camera. Investigator’s Observation: Multiple areas not finished allowing animals to freely enter. The back patio Arizona Room does not seal around the stone areas. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 9 - Sliding glass doors aren’t functioning due to improper threshold sloping. Investigator’s Observation: Multiple doors not square and do not close properly. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 10 - The basement fireplace is not operating and has not operated since construction completion. Gas was never tested and the mantle never hung. Investigator’s Observation: I cannot determine whether the Respondent is responsible for this item. As there is no damage and it is not a workmanship issue, this item is exempt. Governing Rule: N/A
Complaint Item: 11 - There is gap penetration at AC condenser line. Investigator’s Observation: The gap has been filled with spray foam but does not meet standards as the foam is not designed for direct exterior weather exposer. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 12 - Roof lacks flashing in many areas and two eaves were left open with full access to the attic. Investigator’s Observation: Multiple areas corrected by the Complainant/others. Areas not corrected should be corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. 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: 13 - Retaining wall has erosion in many areas and is leaning towards the house creating potential danger. There are large gaps between blocks. Investigator’s Observation: The retaining wall is failing. I have not received any engineering report for the wall. The Respondent was not compensated for this item and the Complainant directly paid the sub-contractor. The other contractor is responsible for this item and a complaint may be filed against them if the Complainant chooses too. Governing Rule: N/A
Complaint Item: 14 - Interior paint has spots all over the house; the different sheens are visible. Investigator’s Observation: I did observe this item to be as described. However, this should have been addressed at the 10 day walkthrough or a complaint filed within a reasonable amount of time from the 10 day walkthrough. No action required. Governing Rule: N/A
Complaint Item: 15 - There are cracks in the drywall and dents in some corners. Mr. Montano said not to worry about that until we did our final one or two year walk thru. Investigator’s Observation: Any cracks from natural settling should be corrected by appropriate means. Any dents or damaged areas cannot be determined who is responsible and no correction needed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 16 - The garage floor was left an absolute mess with paint and drywall stains that were supposed to get cleaned but never were. Investigator’s Observation: Respondent advised he was not given the opportunity to clean the garage floor due to Complainant items being stored there.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
If the Complainant removes the items from the garage the Respondent should clean. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
James Kasarskis Case No. 2023-11359 COMPLAINANT, v. Jasent Montano LLC CITATION License No. ROC 318143,
RESPONDENT.
The Registrar issues this Citation to Jasent Montano LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 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 30, 2023, James Kasarskis (“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 ꞏ Phoenix AZ 85007-2812
602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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. 2023-11359. 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 ꞏ Phoenix AZ 85007-2812
602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 December 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 ꞏ Phoenix AZ 85007-2812
602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 ꞏ Phoenix AZ 85007-2812
602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Dated December 13, 2023. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, December 13, 2023 to:
Respondent Certified Mail No: [number redacted]
Jasent Montano LLC 1739 E Indigo St Gilbert, AZ 85298
Copy mailed by USPS First Class mail this same date to: Jasent Montano LLC 1739 E Indigo St Gilbert, AZ 85298
Complainant James Kasarskis 1803 E Phoenix St Payson, AZ 85541
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. 2023-11359 / <<CreatedBy_DW>
of 5
1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812
602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 New Home Construction Agreement
THIS AGREEMENT made the 10th day of April, 2018 by and between Sonoran Sun Development LLC., hereafter called the Contractor, and James Kasarskis, hereafter called the Owner.
Owner: Contractor: James Kasarskis Sonoran Sun Development, LLC
3325 East Grand Canyon Dr 1739 East Indigo St. Chandler, AZ 85249 Gilbert, AZ 85298 Phone: 480-332-1691 Phone/email: 480-662-4647 / [email redacted]
Witnessed, that the Contractor and the Owner for the considerations named agree as follows:
Article 1. Scope of the Work The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and/or described in the Specifications as listed in Article 6., as annexed hereto as it pertains to work to be performed on property at Boulder Creek, Lot 5, 1803 E. Phoenix St Payson Arizona.
Article 2. Time of Completion The work to be performed under this Contract shall be completed within 360 days from the issuance of a building permit by the City of Payson Arizona.
Article 3. The Contract Price The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of _____SevenHundredSevenThousandNineHundredSixtyFive Dollars($ 707,965), subject to additions of authorized change orders. The contract price includes a contingency of $26,613. Lot costs, drawings, engineering fees, course of construction insurance, construction loan fees, and closing costs are not included. The costs are disclosed to Owner and budget is per the cost breakdown. Any costs that exceed the cost breakdown line items will come from the contingency or from the Owner.
Article 4. Progress Payments Payments of the Contract Price shall be paid to Sonoran Sun Development or Jasent Montano in the following manner:
1). Progress draws will be billed against completed cost breakdown line items. 2). Project management progress payments as follows: a. $10,000 down payment at contract signing b. $10,000 due after stem wall completion c. $12,500 due after passing soils rough in plumbing inspection d. $10,000 due after framing subfloor is installed e. $10,000 due after roof trusses are set f. $10,000 due after strap and shear inspection g. $10,000 due after electrical, plumbing, HVAC rough in inspection h. $10,000 due after drywall completion i. $10,000 due after interior/exterior paint j. $10,000 due after flooring/granite/bathroom shower tile k. $5,000 due after final inspection
3). Cost Breakdown line items are the max dollar amount allowed. If “line item” amount is exceeded, the difference is to be paid from contingency funds or by Owner to Sonoran Sun Development. See Article 6 for cost breakdown.
Initial____ _____ 4). All Change Orders are to be paid from allocated contingency funds or the Owner. If the contingency funds have been exhausted, the change order must be paid directly to Sonoran Sun Development at time of approval.
Article 5. General Provisions Any alteration or deviation from the approved plans, specifications, and items listed in Article 6, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be executed only upon a written order for same, signed by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be deducted from the contingency funds allocated. If contingency funds are not available or exhausted the owner will pay for the charges at signing of change order.
If payment / progress draw is not made when due, Contractor may suspend work on the job until such time as all payments due have been made. A failure to make payment for a period in excess of 15 days from the due date of the payment shall be deemed a material breach of the contract.
In addition, the following general provisions apply:
1). All work shall be completed in a workman-like manner and in compliance with all building codes and other applicable laws.
2). The contractor shall furnish a plan and scale drawing showing the shape, size dimensions, construction and equipment specifications for home improvements. A description of the work to be done, description of the materials to be used, the equipment to be used or installed, and the agreed consideration for the work.
3). Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of the contract.
4). Contractor shall furnish Owner/Lender appropriate release or waivers of lien for all work that has been completed and paid.
5). All change orders shall be in writing and signed both by Owner and Contractor, and shall be incorporated in, and become a part of the contract. Payment for these change orders are to be funded from contingency reserves if available otherwise due at time of signing. Line items which are listed as “allowances” are the max dollar amount allowed. Any “allowance” money not used can be used elsewhere.
6). Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees or subcontractors. Owner to provide adequate comprehensive and liability insurance for the project. This policy to be in the Owners, Contractors, and Lenders name. The Owner will provide course of construction insurance to cover liability and the loss of structure due to vandalism, acts of nature, arson.
7). Contractor shall obtain all permits necessary for the work to be performed.
8). Contractor agrees to remove all debris and leave the premises in broom clean condition.
9). In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor my cease work without breach pending payment or resolution of any dispute.
Initial____ _____ 10). All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American Arbitration Association. Under no circumstance shall the Contractor pay for fee’s associated with arbitration.
11). Contractor shall not be liable for any delay due to circumstances beyond its control including acts of god, strikes, casualty or general unavailability of materials.
12). Contractor and subcontractors warrants all work as required by the Arizona Registrar of Contractors.
Article 6. Plans & Specifications
1). All work is to be completed per city approved plans submitted by the Owner and Structural Engineering RnK Inc, Richard Keizer, PE. Plans titled James Kasarskis Residence.
2). The following specifications were derived from the plans submitted and fixture specification sheets which were populated by the Owner.
3). Cost Breakdown
Initial____ _____ Allowance Code Trade/Item Cost Allowance Cost vendor/contractor Basement Comment Design and Engr $ - $ - $ - Appraisals $ - $ - $ - Developer Fees $ 200.00 $ - $ - Deposits $ 500.00 $ - $ - Hookups/Utility (gas,water,sewer,electric,telco) $ 8,800.00 $ - Alison Excavating, Payson $ - Permits $ - $ 6,000.00 $ 1,500.00 portable toilet $ - $ 600.00 $ - trash removal $ - $ 950.00 $ - site work/excavation/footings/rip Rap/ $ 25,000.00 $ - Alison Excavating, Payson $ 3,500.00 driveway rough/slab prep $ - $ - $ - Concrete $ 55,934.00 $ - Bloomer Const $ 5,000.00 Foundation Stucco $ - $ 3,000.00 Sonoran Sun $ - Rough Framing Labor $ 45,000.00 $ - Sonoran Sun $ 3,500.00 Rough Framing Material $ - $ 85,654.61 84 lumber/Alliance Truss $ 3,500.00 Siding $ - $ 15,000.00 SonoranSun $ - Exterior Crane $ 1,400.00 $ - $ - Pellet stove $ - $ 5,000.00 $ 500.00 Exterior Stone $ - $ 7,500.00 $ - exterior door and trim $ - $ 6,000.00 $ 500.00 Windows/SGD $ - $ 11,000.00 $ 800.00 Heating & Cooling $ - $ 12,500.00 $ 5,500.00 Plumbing $ 16,800.00 $ - Solano Plumbing $ 2,800.00 Plumbing Fixtures $ - $ 5,000.00 $ 700.00 Electrical $ - $ 15,500.00 Sonoran Sun $ 2,000.00 Electrical Fixtures $ - $ 2,500.00 $ 200.00 Fireplace/Facing $ - $ 1,750.00 $ - Insulation $ 8,800.00 $ - Tight seal insulation $ 1,000.00 Roofing/Flashing $ - $ 12,300.00 Sonoran Sun $ - Drywall $ - $ 15,000.00 Sonoran Sun $ 5,000.00 Painting $ - $ 11,000.00 Sonoran Sun $ 1,000.00 Garage Doors $ - $ 4,600.00 $ - Gutters $ - $ 1,700.00 $ - Cabinets & Vanities $ - $ 25,000.00 $ 250.00 Countertops/granite slab work $ - $ 12,500.00 $ - Doors & Trim Interior $ - $ 6,000.00 High Country Trim and Door $ 1,200.00 baseboard, door trim, closets $ - $ 5,000.00 Sonoran sun $ 750.00 T & G ceiling $ - $ - Enclose patio $ - $ 4,500.00 $ - Millwork & Trim Special $ - $ 7,000.00 $ - Showers and aces $ - $ 11,000.00 $ - Carpeting $ - $ - $ - Tile Flooring $ - $ 2,062.50 Sonoran Sun $ - Wood flooring $ - $ 12,500.00 Sonoran Sun Appliances $ - $ - $ - Hardscape - pavers, concrete walsk $ - $ 16,518.00 Sonran Sun $ - Cleanup & restoration $ - $ 2,500.00 $ - site prep and surveying $ - $ 3,500.00 $ - subtotals $162,434.00 $ 330,635.11 $ 39,200.00 $ 493,069.11 5% of lines 1 to Builder Contingency $ - $ 24,653.46 $ 1,960.00 79 total 0% of lines 1 to Supervision $ - $ - $ - 79 total - leads hard cost subtotals $162,434.00 $ 355,288.57 $ - $ 517,722.57 Overhead $ - $ - $ - taxable subtotal $162,434.00 $ 355,288.57 $ 41,160.00 $ 517,722.57 Project Management Fee Breakdown a. $10,000 down payment at contract signing $ 10,000.00 b. $10,000 due after stem wall completion $ 10,000.00 c. $12,500 due after passing soils rough in plumbing inspection $ 12,500.00 d. $10,000 due after framing subfloor is installed $ 10,000.00 e. $10,000 due after roof trusses are set $ 10,000.00 f. $10,000 due after strap and shear inspection $ 10,000.00 g. $10,000 due after electrical, plumbing, HVAC rough in inspection $ 10,000.00 h. $10,000 due after drywall completion $ 10,000.00 i. $10,000 due after interior/exterior paint $ 10,000.00 j. $10,000 due after flooring/granite/bathroom shower tile $ 10,000.00 k. $5,000 due after final inspection $ 5,000.00 100 Project Management Subtotal $ 107,500.00 9.6% of 65% of taxable 101 sales tax $ 39,013.89 $ - $ 2,568.38 subtotal 102 Column Totals $664,236.45 $ - $ 43,728.38 103 Total $ 707,965
Initial____ _____ Note: Allowances per Cost Breakdown.
Site:
Underground Public Water Underground Natural Gas Underground Phone Underground Electricity
Foundation & Concrete:
Footings per plan 2500 psi Foundation Walls per plan 2500 psi
Slab per plan, on grade, 2500 psi, finish floor to be per Maricopa County
Exterior Walls:
Exterior Finish Engineered composite, wood siding Vapor barrier wrapped and sealed Tyvek or equivalent Sheathing OSB per plan on all exterior wall Stone Manufactured stone installed on cement board or scratch coat stucco
Framing:
2X6, 16" OC exterior walls typical, Walls per plan (Hemp Fir S4S #2 or better) 2X6, 2X4 interior door walls & plumbing walls, 2x4 elsewhere, per plan 24" OC typical (Hemp Fir S4S #2 or better)
2X6, exterior walls, pressure treated bottom plate 2X4, 2X6 interior walls bottom/top plates, Hemp Fir S4S #2 or better
Ceilings 9' typical, others per plan Trusses Fully engineered per plan Corner Bracing All exterior walls sheathed with 3/8" OSB
Roof:
Pitch areas Asphalt shingles with asphalt underlayment Flat areas N/A Deck 1/2" OSB Trusses Fully engineered per plan Conventional framing 2X4 Douglas Fir as required
Initial____ _____ Plumbing:
Interior water lines PEX Exterior water lines PEX Drains/Sewer Lines ABS venting & drains
Note: Plumbing fixtures allowance
Kitchen Sink-TBD, under counter mount Valve-TBD single lever with side spray
Master Bath 1 Tub-TBD tub Tub Valve- TBD Toilet- TBD elongated Shower Valve- TBD Sinks- under top mount Sink Valve-TBD Vanity tops, Granite
Master Bath 2
Shower Valve- TBD Sinks- under top mount Sink Valve-TBD Vanity tops, Granite
Toilet- TBD elongated
Bedroom #3 bath Toilet- TBD elongated Sinks- TBD Sink Valve-TBD Vanity tops, Granite Tub TBD cast iron
Basement Bath Tub/Shower enclosure Shower valve- TBD Vanity tops, Granite Toilet- TBD elongated
Windows:
windows Dual pane, Aluminum frame per plan
Initial____ _____ Insulation:
Walls 5" Spray Foam R21 min Ceiling 10" spray foam R42 min
Equipment & Appliances: Note: Appliance allowance per cost breakdown Kitchen Refrigerator TBD Cook Top TBD Double Oven/microwave TBD Dishwasher TBD Garbage disposal TBD
Water Heater On demand water heater
Heating & Cooling:
Heating/cooling 1 5 ton heat pumps, 14 SEER min
Flooring: Note: flooring allowance Tile TBD
Carpeting TBD basement Bare concrete Interior Walls:
Drywall 1/2" drywall with painted finish Texture TBD 5/8" Type X drywall, garage ceilings and walls All corners bullnose
Interior Per plan Interior Garage Firewall, self closing, solid lam Exterior Per plan
Fireplaces:
Main Room Per plan, allowance per cost breakdown
Garage:
walls Finished Sheetrock Doors 2 Insulated, steel raised panel doors, Openers screw or belt drive electric openers with keypad Initial____ _____ Electrical:
Electrical Service 200 AMP Wiring Copper per plan Phone/Cable outlets in each room Door bell front door, 2 chimes Prewire security as required Switches/Receptacles White Decora rocker type Garage door prewire for opener Fixtures Note: fixture allowance per cost breakdown
Rear Covered Patio:
Patio concrete broom finish Cover Roof covering, open sides per plan
Walkways Pavestone paver Plaza 1 or equivalent and concrete per plan Driveways Pavestone paver Plaza 1 or equivalent and concrete per plan
Landscaping:
Note: paver walks, retaining walls
Front Design per owner
Miscellaneous:
Trim Molding 2 1/2' casing and 5 1/2 base, MDF Paint Solid colors only
Cabinets Cabinet allowance per cost breakdown
Countertops Granite stone slab with bull nose edge,
Initial____ _____ Signed this _____________ day of __________________ (year).
Signed in the presence of:
____________________________ _______________________________ Witness Witness
____________________________ _______________________________ Name of Owner Name of Contractor
By: _________________________ By:____________________________ Signature Signature
____________________________ ________________________________ Name of Owner Street Address
By: _________________________ ________________________________ Signature City/State/Zip
________________________________ Telephone Number
________________________________ Contractor’s State License No.
Initial____ _____ JM Jasent Montano Jul 10·COMPLETED - Money Received "Material reimbursement" + $4,500.00 JM Jasent Montano Jul 1·COMPLETED - Money Sent − $400.00 Repeat this transaction Jun 2021 JM Jasent Montano Jun 1·COMPLETED - Money Sent − $50.00 Repeat this transaction May 2021 JM Jasent Montano May 11·COMPLETED - Money Sent − $7,000.00 Repeat this transaction Mar 2021 JM Jasent Montano Mar 30·COMPLETED - Money Sent − $12,000.00 Repeat this transaction JM Jasent Montano Mar 11·COMPLETED - Money Sent − $15,000.00 Repeat this transaction JM Jasent Montano Mar 8·COMPLETED - Money Sent − $200.00 Repeat this transaction JM Jasent Montano Mar 5·COMPLETED - Money Sent − $200.00 Repeat this transaction Feb 2021 JM Jasent Montano Feb 3·COMPLETED - Money Sent − $5,600.00 Repeat this transaction Jan 2021 JM Jasent Montano Jan 12·COMPLETED - Money Sent − $5,000.00 Repeat this transaction Dec 2020 JM Jasent Montano Dec 18·COMPLETED - Money Sent "this is all I can get before january" − $2,000.00 Repeat this transaction JM Jasent Montano Dec 16·COMPLETED - Money Sent − $7,500.00 Repeat this transaction Nov 2020 JM Jasent Montano Nov 12·COMPLETED - Money Sent "THANKS" − $3,000.00 Repeat this transaction [number redacted]ÿ1783ÿ9 ÿÿ ÿ ÿÿÿÿÿ ÿÿ ÿ ÿReceived 1 14ÿÿ004 Legal 12/28/2023 ;<=>?@=ÿBÿ;CDEFÿGH<=>?@=I@JKLHMLNJOP
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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