2023A-11501-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11501-CHC-ROC · Registrar of Contractors · 2024-01-23
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Kevin Hartfield , Case No. 2023-11501 COMPLAINANT, Docket No. 2023A-11501-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Bjelde Construction LLC License No. ROC 260364,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
March 7, 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 December 14, 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)(1)
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 23, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail January 23, 2024 to: Respondent(s) Bjelde Construction LLC PO Box 50962 Mesa, AZ 85208
Complainant(s) Kevin Hartfield 18803 E. Via De Arboles 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. 2023-11501 /
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: Kevin Hartfield 18803 E. Via De Arboles 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: Bjelde Construction LLC DBA: 415 S 48th Street Suite# 111 Tempe, AZ 85281
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 17, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11501
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 6, 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.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Kevin Hartfield 18803 E. Via De Arboles 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 C010 04/21 Respondent: Bjelde Construction LLC DBA: 415 S 48th Street Suite# 111 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 October 17, 2023
Re: Complaint Number 2023-11501
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for November 6, 2023 at 10:00 AM has been rescheduled for November 6, 2023 at 2:00 PM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
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):
Bjelde Construction LLC
415 S 48th St Suite 111 Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Jobsite Inspection Notes
Case No.: 2023-11501 Investigator: Patricia Schuette Inspection Date: November 6, 2023 Inspection Time: 2:00 PM
Complainant: Kevin Hartfield Respondent: Bjelde Construction Not Present: LLC Not Present:
Jobsite General Notes: Both parties were present including Lyle Bjelde and Noel Bjelde from Bjelde Construction. I explained process moving forward. If a violation was determined, a written directive would be issued giving a minimum of 15 days for correction. The ROC does not dictate how correction occurs so long as it is done in a workmanship like manner and brought up to minimum standards.
Complaint Item: 1-Remove gate and fencing where needed. Modify and reinstall when project is complete. Investigator’s Observation: Verified. The contracted work to remove the gate and fencing and reinstall after project was complete has not been done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 2-Remove hose bib and complete rough and finish plumbing to extend house bib to new front wall. Investigator’s Observation: Verified. The hose bib has not been removed and relocated to new exterior wall as the new addition has not been done yet. Respondent to perform work as outlined in the contract. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 3-Remove bedroom window and frame in opening. Save window and reinstall in new front wall. Investigator’s Observation: Verified. The bedroom window has not been relocated. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 4-Open East bedroom wall and frame opening for new window. Install a new window to match existing. Repair siding and drywall as needed. Investigator’s Observation: Verified. The East bedroom wall has not been opened and window not installed. Siding and drywall repairs still pending. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 5-Remove living room window. Reinstall in new front wall. Investigator’s Observation: Verified. Living room window not removed and not reinstalled in new front wall. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 6-Remove entry door and hardware and reinstall in new front wall. Investigator’s Observation: Verified. Entry door and hardware has not been removed and reinstalled in new front wall. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 7-Remove North living room wall per plans. Install temporary bracing. Investigator’s Observation: Verified. North living room wall not removed and temporary bracing not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 8-Remove East Garage entry door and frame in opening. Investigator’s Observation: Verified. East garage entry door not removed and opening is not framed in. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 9-Dig footings to code. Form and pour reinforced concrete footings and slab for addition. Pin to existing foundation per plans. Investigator’s Observation: Verified. Footings not dug and the form and pour reinforced concrete footing and slab for the addition has not been done. Respondent to perform work as outlined in the contract. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 10-Dig footings for three new posts. Form and pour reinforced footings and slab for new front patio cover. Investigator’s Observation: Verified. The footings for the three not posts have not been dug and the formed and poured reinforced footing and slab for the new front patio cover has not been done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 11-Frame exterior and interior walls per plans. Investigator’s Observation: Verified. The exterior and interior walls were not frame at the time of inspection. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 12-Remove shingles where needed. Install trusses for bedroom addition. Frame over existing roof as needed. Investigator’s Observation: Verified. Trusses for bedroom not installed and framing over existing roof not completed as the wall has not been opened up. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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-Install posts and glulam beam per plans for low sloped roof. Investigator’s Observation: Verified. Posts and glulam beam not installed for low sloped roof. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 14-Install rafters per plans. Tie into existing roof as needed. Investigator’s Observation: Verified. Rafters not installed and tied into existing roof. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 15-Install trusses for low-sloped roof. Anchor to glulam beam per plans. Investigator’s Observation: Verified. Trusses for low-sloped roof not installed and anchored to glulam beam. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 16-Install beams, posts and rafters for patio cover. Anchor posts to slab per plans. Investigator’s Observation: Verified. Beams, posts, and rafters for patio have not been installed and posts not anchored to slab. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 17-Install fascia boards to match existing. Investigator’s Observation: Verified. Fascia boards not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 18-Install OSB sheathing on new roofs and exterior walls. Investigator’s Observation: Verified. OSB sheathing on new roofs and exterior walls not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 19-Install roof edging, 30# underlayment and dimensional shingles on new bedroom roof. Investigator’s Observation: Verified. Roof edging, 30# underlayment and dimensional shingles on new bedroom roof have not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 20-Install Peel and Stick roll roofing on low sloped roof and patio cover. Investigator’s Observation: Verified. The Peel and Stick roll roofing on low sloped roof and patio cover has not been installed. Respondent to perform work as 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 21-Complete all necessary flashings and tie ins to existing roof. Investigator’s Observation: Verified. Flashings and tie ins to existing roof not done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 22-Install brick veneer 3’ height to match existing where needed. Investigator’s Observation: Verified. The Brick veneer to be 3’ high to match existing where needed has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 23-Install vinyl siding to match existing as close as possible. Use existing siding if possible. Investigator’s Observation: Verified. The vinyl siding to match existing has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 24-Install ducted mini-split and ductwork per plans. Includes upstairs bedroom. Investigator’s Observation: Verified. The ducted mini-split and ductwork was not installed at the time of inspection. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 25-Remove existing 200 amp panel and install new 200 amp panel. Install new circuits as needed. Investigator’s Observation: Verified. The existing 200 amp panel has not been removed and the new 200 amp panel has not been installed. Therefor the new circuits not added either. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 26-Install all receptacles and switched per plans. Investigator’s Observation: Verified. Receptacles and switches not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 27-Remove ceiling fan/light in living room and reinstall in new bedroom. Investigator’s Observation: Verified. The ceiling fan/light in living room has not been moved to new bedroom. Respondent to perform work as outlined in the contract. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 28-Install two ceiling fan/lights provided by homeowner in living room ceiling. Investigator’s Observation: Verified. The two new ceiling fan/lights have not been installed in living room ceiling. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 29-Install two hard wired smoke/CM detectors. Investigator’s Observation: Verified. The two hard wired smoke/CM detectors have not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 30-Install R-19 fiberglass batt insulation in new exterior walls. Investigator’s Observation: Verified. The R-19 fiberglass batt insulation has not been installed in the new exterior walls. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 31-Install R-38 fiberglass batt insulation in new ceilings. Investigator’s Observation: Verified. The R-38 fiberglass batt insulation in the new ceilings has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 32-Install drywall on all remodeled walls and ceiling where needed. Finish and texture to match existing. Investigator’s Observation: Verified. Drywall and texture to match existing not installed at all remodeled walls and ceilings. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 33-Install interior door and hardware to bedroom. Investigator’s Observation: Verified. The interior door and hardware to bedroom has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 34-Install closet sliding door. Investigator’s Observation: Verified. Closet sliding door has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. 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: 35-Install closet shelf and hanging rod. Investigator’s Observation: Verified. The closet shelf and hanging rod not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 36-Install tile flooring and grout provided by homeowner where needed. Investigator’s Observation: Verified. The flooring and grout has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 37-Complete rough grading around addition. Investigator’s Observation: Verified. The rough grading has not been completed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Complaint Item: 38-Daily clean up and haul away all debris. Investigator’s Observation: Unverified. At the time of inspection most of the contractual work had not been started therefore now clean up necessary. 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 RCC100 08/19
Complainant: Kevin Hartfield 18803 E. Via De Arboles 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: Bjelde Construction LLC DBA: 415 S 48th St Ste 111 Tempe, AZ 85281
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 16, 2023
License No. ROC 260364
Re:Complaint No. 2023-11501
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 8, 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-Remove gate and fencing where needed. Modify and reinstall when project is complete. Investigator’s Observation: Verified. The contracted work to remove the gate and fencing and reinstall after project was complete has not been done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract
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 or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 2-Remove hose bib and complete rough and finish plumbing to extend house bib to new front wall. Investigator’s Observation: Verified. The hose bib has not been removed and relocated to new exterior wall as the new addition has not been done yet. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
ComplianceItem: 3-Remove bedroom window and frame in opening. Save window and reinstall in new front wall. Investigator’s Observation: Verified. The bedroom window has not been relocated. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 4-Open East bedroom wall and frame opening for new window. Install a new window to match existing. Repair siding and drywall as needed. Investigator’s Observation: Verified. The East bedroom wall has not been opened and window not installed. Siding and drywall repairs still pending. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 5-Remove living room window. Reinstall in new front wall. Investigator’s Observation: Verified. Living room window not removed and not reinstalled in new front wall. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 6-Remove entry door and hardware and reinstall in new front wall. Investigator’s Observation: Verified. Entry door and hardware has not been removed and reinstalled in new front wall. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 7-Remove North living room wall per plans. Install temporary bracing. Investigator’s Observation: Verified. North living room wall not removed and temporary bracing not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 8-Remove East Garage entry door and frame in opening. Investigator’s Observation: Verified. East garage entry door not removed and opening is not framed in. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 9-Dig footings to code. Form and pour reinforced concrete footings and slab for addition. Pin to existing foundation per plans. Investigator’s Observation: Verified. Footings not dug and the form and pour reinforced concrete footing and slab for the addition has not been done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 10-Dig footings for three new posts. Form and pour reinforced footings and slab for new front patio cover. Investigator’s Observation: Verified. The footings for the three not posts have not been dug and the formed and poured reinforced footing and slab for the new front patio cover has not been done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 11-Frame exterior and interior walls per plans. Investigator’s Observation: Verified. The exterior and interior walls
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 were not frame at the time of inspection. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 12-Remove shingles where needed. Install trusses for bedroom addition. Frame over existing roof as needed. Investigator’s Observation: Verified. Trusses for bedroom not installed and framing over existing roof not completed as the wall has not been opened up. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 13-Install posts and glulam beam per plans for low sloped roof. Investigator’s Observation: Verified. Posts and glulam beam not installed for low sloped roof. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 14-Install rafters per plans. Tie into existing roof as needed. Investigator’s Observation: Verified. Rafters not installed and tied into existing roof. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 15-Install trusses for low-sloped roof. Anchor to glulam beam per plans. Investigator’s Observation: Verified. Trusses for low-sloped roof not installed and anchored to glulam beam. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 16-Install beams, posts and rafters for patio cover. Anchor posts to slab per plans. Investigator’s Observation: Verified. Beams, posts, and rafters for patio have not been installed and posts not anchored to slab. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 17-Install fascia boards to match existing. Investigator’s Observation: Verified. Fascia boards not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 18-Install OSB sheathing on new roofs and exterior walls. Investigator’s Observation: Verified. OSB sheathing on new roofs and exterior walls not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 19-Install roof edging, 30# underlayment and dimensional shingles on new bedroom roof. Investigator’s Observation: Verified. Roof edging, 30# underlayment and dimensional shingles on new bedroom roof have not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 20-Install Peel and Stick roll roofing on low sloped roof and patio cover. Investigator’s Observation: Verified. The Peel and Stick roll roofing on low sloped roof and patio cover has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 21-Complete all necessary flashings and tie ins to existing roof.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Verified. Flashings and tie ins to existing roof not done. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 22-Install brick veneer 3’ height to match existing where needed. Investigator’s Observation: Verified. The Brick veneer to be 3’ high to match existing where needed has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 23-Install vinyl siding to match existing as close as possible. Use existing siding if possible. Investigator’s Observation: Verified. The vinyl siding to match existing has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 24-Install ducted mini-split and ductwork per plans. Includes upstairs bedroom. Investigator’s Observation: Verified. The ducted mini-split and ductwork was not installed at the time of inspection. Respondent to perform work as outlined in the contract.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 25-Remove existing 200 amp panel and install new 200 amp panel. Install new circuits as needed. Investigator’s Observation: Verified. The existing 200 amp panel has not been removed and the new 200 amp panel has not been installed. Therefor the new circuits not added either. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 26-Install all receptacles and switched per plans. Investigator’s Observation: Verified. Receptacles and switches not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 27-Remove ceiling fan/light in living room and reinstall in new bedroom. Investigator’s Observation: Verified. The ceiling fan/light in living room has not been moved to new bedroom. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 28-Install two ceiling fan/lights provided by homeowner in living room ceiling. Investigator’s Observation: Verified. The two new ceiling fan/lights have not been installed in living room ceiling. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 29-Install two hard wired smoke/CM detectors. Investigator’s Observation: Verified. The two hard wired smoke/CM detectors have not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 30-Install R-19 fiberglass batt insulation in new exterior walls. Investigator’s Observation: Verified. The R-19 fiberglass batt insulation has not been installed in the new exterior walls. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 31-Install R-38 fiberglass batt insulation in new ceilings. Investigator’s Observation: Verified. The R-38 fiberglass batt
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 insulation in the new ceilings has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 32-Install drywall on all remodeled walls and ceiling where needed. Finish and texture to match existing. Investigator’s Observation: Verified. Drywall and texture to match existing not installed at all remodeled walls and ceilings. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 33-Install interior door and hardware to bedroom. Investigator’s Observation: Verified. The interior door and hardware to bedroom has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 34-Install closet sliding door. Investigator’s Observation: Verified. Closet sliding door has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
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: 35-Install closet shelf and hanging rod. Investigator’s Observation: Verified. The closet shelf and hanging rod not installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 36-Install tile flooring and grout provided by homeowner where needed. Investigator’s Observation: Verified. The flooring and grout has not been installed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
Compliance Item: 37-Complete rough grading around addition. Investigator’s Observation: Verified. The rough grading has not been completed. Respondent to perform work as outlined in the contract. Governing Rule: ARS §32-1154 (A) (1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 38-Daily clean up and haul away all debris. Investigator’s Observation: Unverified. At the time of inspection most of the contractual work had not been started therefore now clean up necessary. 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 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
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Kevin Hartfield Case No. 2023-11501 COMPLAINANT, v. Bjelde Construction LLC CITATION License No. ROC 260364,
RESPONDENT.
The Registrar issues this Citation to Bjelde Construction LLC (“Respondent”) under
A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by December 29, 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 October 4, 2023, Kevin Hartfield (“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)(1)
Abandonment of a contract or refusal to perform after submitting a bid on work
without legal excuse for the abandonment or refusal. of 6
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. 2023-11501. 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 6
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 29, 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 6
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 6
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 14, 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 14, 2023 to:
Respondent Certified Mail No: [number redacted]
Bjelde Construction LLC PO Box 50962 Tempe, AZ 85208 Certified Mail No: [number redacted] License mailing address (if different from account/company address of record): Bjelde Construction LLC 415 S 48th St Ste 111 Tempe, AZ 85281 Copy mailed by USPS First Class mail this same date to: Bjelde Construction LLC PO Box 50962 Tempe, AZ 85208
License mailing address (if different from account/company address of record): Bjelde Construction LLC 415 S 48th St Ste 111 Tempe, AZ 85281
Complainant Kevin Hartfield 18803 E. Via De Arboles Queen Creek, AZ 85142
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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 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. 2023-11501 / <<CreatedBy_DW>
of 6
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 This contract is subject to all the terms and conditions set forth on the reverse side. Buyer acknowledges receipt of a completed copy of this contract, including NOTICE OF CANCELLATION form.
ADDITIONAL TERMS AND PROVISIONS OF CONTRACT 1. Contractor shall not be liable for delays caused by strikes, weather conditions, or delay in obtaining materials or causes beyond its control.
If there is more than one Buyer they shall be jointly and severely liable hereon This Contract shall bind Contractor and Buyer, their respective heirs, personal representative, successors and assigns.
3. This written Contract is the only and entire Contract covering the subject matter hereof. No person is authorized to vary or alter the terms and conditions of this contract. Buyer shall be solely responsible for providing verification of cash payments upon the request of Contractor
4. After the expiration of the time of the BUYER’S RIGHT TO CANCEL, stated elsewhere in this Contract, if the Contract is cancelled by the Buyer, Buyer shall pay to Contractor, as liquidated damages and not as penalty, twenty-five (25%) of the Contract price at the sole option of the Contractor. Contractor may elect instead to pursue legal action to collect the entire amount of the purchase price stated in the contract
Contractor shall have the right to transfer this contract to anyone of the Contractor s choice If the Contractor should do so, Buyer’s obligations to such Transferee or Holder will continue in full force.
6. If any provisions of this Contract are held invalid or unenforceable for any reason, no other provision shall be affected, and this Contract shall be construed as if such invalid or unenforceable provision had never been contained herein
7. Work to be performed by a Licensed Contractor.
8. Estimated time of completion after start date is: Click or tap here to enter text. a. Covid Clause – During the Pandemic and the aftermath of the Pandemic our estimated time of completion may be adjusted by a change order due to the labor shortage.
9. Payments can be accepted by Visa, Mastercard or Discover with an added convenience fee of 2.8%. Payments by American Express can be accepted with an added convenience fee of 2.8% plus the additional American Express fee No exceptions
10. Job prices are contingent upon continuous work, barring any act of God or delay by vendors subcontracted by this general contractor. Any customer requested delay will incur additional charges in the amount of $250/day until work is resumed. Failure to pay draws as contracted, may be deemed a customer delay resulting in additional charges
11. Allowances may or may not be a part of this contract. Allowances function such that the stated dollar amount is the amount factored into the contract. If the Buyer does not utilize the full amount of the allowance, the difference will be refunded to the Buyer along with applicable taxes and markup. If the Buyer utilizes more than the allowance amount the overage will be billed to the Buyer along with applicable taxes and markup. 12. Escalation Clause in the even of significant delay or price increase of material, equipment, energy, or labor force occurring during the performance of the contract through no fault of the contractor, the contract sum, time of completion or contract requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. A change in price of an item of material, equipment, or energy will be considered significant when the price of an item increases 20% between the date of this contract and the date of installation. The amount of the increase shall be capped at five percent (5%) of the original budgeted price for the item
The Property Owner has the right to file a written complaint with the registar for alleged violation of section 32-1152, subsection A; phone number 602 542 1525; website of https //roc.az.gov/
NOTICE OF LIMITED WARRANTY Contractor warrants that the materials used are of a quality specified and Buyer(s) acknowledges that all of the manufacturer’s written warranties guaranteed have been orally disclosed to the prior to entering into this contract and which Buyer(s) further acknowledge Contractor’s representative has displayed to them or offered to display to them prior to execution of this contract. Contractor further warrants labor for two years after date of substantial completion. Buyer’s exclusive remedy shall be the repair of any defects in labor and as a condition precedent Buyer(s) must notify Contractor in writing at Contractor’s address of any claimed defect. Contractor makes no express warranties not set forth in writing herein and does not make any warranties as to the materials by the manufacturer NOTICE
Any holder of this consumer contract is subject to all claims and defenses which could assert against the Contractor of goods or services obtained with the proceeds hereof Recovery hereunder by the debtor shall not exceed amounts paid by the Debtor hereunder
NOTICE OF CANCELLATION Date of transaction ____________________
You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed buy you will be returned within 10 business days following receipt by the Contractor of your cancelation notice and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to Contractor at your residence, in substantially as good condition as when you received, any goods delivered to under this contract or sale or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of goods at the Contractor s expense and risk
If you do not make the goods available to the Contractor and the Contractor does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so then you remain liable for performances of all obligations under contract. Usage for: [number redacted]
LOCAL AIRT LONG DISTANCE and INTERNATIONAL CHARGES
Total use: 195 minutes
Date (Pacif Number Destination Minutes Type ######## (602) 757-4994 to Phoenix/AZ 1 Min -- ######## (602) 757-4994 to Phoenix/AZ 1 Min -- ######## (602) 757-4994 to Phoenix/AZ 1 Min -- ######## (602) 757-4994 to Phoenix/AZ 1 Min --
The date and time for call usage corresponds with the time zone you are in when beginning a call. Usage for:
LOCAL AIRTIME
Total use:
Date (Pacific) 7/25/2023 16:58 7/25/2023 17:01 8/1/2023 17:07 8/11/2023 14:18 8/14/2023 17:47 8/14/2023 19:02 8/16/2023 14:57 8/16/2023 15:12 8/21/2023 12:28 8/21/2023 12:37 8/21/2023 15:12
The date and time for call usage corresponds with the time zone you are in when beginning a call. [number redacted]
LONG DISTANCE and INTERNATIONAL CHARGES
373 minutes
Number DestinationMinutes Type (602) 757-4994 Incoming 4 Min -- (602) 757-4994 Incoming 2 Min -- (602) 757-4994 to Phoenix 11 Min -- (602) 757-4994 to Phoenix 2 Min -- (602) 757-4994 to Phoenix 1 Min -- (602) 757-4994 Incoming 43 Min Wi-Fi call (602) 757-4994 to Phoenix 14 Min -- (602) 757-4994 Incoming 15 Min -- (602) 757-4994 to Phoenix 1 Min -- (602) 757-4994 Incoming 30 Min -- (602) 757-4994 to Phoenix 3 Min -- Usage for:
LOCAL AIRTIME
Total use:
Date (Pacific) 7/11/2023 9:53 7/11/2023 11:42 7/11/2023 14:27
The date and time for call usage corresponds with the time zone you are in when beginning a call. [number redacted]
LONG DISTANCE and INTERNATIONAL CHARGES
171 minutes
Number DestinationMinutes Type (602) 757-4994 Incoming 2 Min -- (602) 757-4994 Incoming 11 Min -- (602) 757-4994 Incoming 2 Min -- Usage for:
LOCAL AIRTIME
Total use:
Date (Pacific) 10/2/2023 9:38 9/29/2023 15:36 9/28/2023 11:53 9/27/2023 16:12 9/27/2023 13:03 9/26/2023 15:09 9/26/2023 12:27 9/25/2023 16:23
The date and time for call usage corresponds with the time zone you are in when beginning a call. [number redacted]
LONG DISTANCE and INTERNATIONAL CHARGES
180 minutes
Number DestinationMinutes Type (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A2 Min -- (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A1 Min -- (602) 757-4994 PHOENIX, A1 Min -- Usage for:
MESSAGING CHARGES
Total use:
Date (Pacific) 9/7/2023 16:25 9/7/2023 16:35 9/8/2023 13:39 9/8/2023 13:39 9/8/2023 19:00 9/15/2023 18:00 9/16/2023 10:11 9/16/2023 10:50 9/20/2023 16:51 9/21/2023 16:21
The date and time for call usage corresponds with the time zone you are in when beginning a call. [number redacted]
417 messages
Number DestinationDirection Type (602) 757-4994 Phoenix, A Incoming Text (602) 757-4994 Phoenix, A Outgoing Text (602) 757-4994 Phoenix, A Incoming Text (602) 757-4994 Phoenix, A Incoming Text (602) 757-4994 Phoenix, A Outgoing Text (602) 757-4994 Phoenix, A Outgoing Text (602) 757-4994 Phoenix, A Incoming Text (602) 757-4994 Phoenix, A Outgoing Text (602) 757-4994 Phoenix, A Outgoing Text (602) 757-4994 Phoenix, A Outgoing Text Usage for: 5.2E+09
MESSAGING CHARGES
Total use: 524 messag
Date (Pacific) Number 7/25/2023 16:56 (602) 757-4 7/26/2023 14:19 (602) 757-4 7/26/2023 14:20 (602) 757-4 7/26/2023 14:32 (602) 757-4 8/1/2023 16:14 (602) 757-4 8/1/2023 16:28 (602) 757-4 8/1/2023 16:36 (602) 757-4 8/2/2023 16:11 (602) 757-4 8/3/2023 16:43 (602) 757-4 8/3/2023 16:43 (602) 757-4 8/3/2023 16:43 (602) 757-4 8/3/2023 16:43 (602) 757-4 8/3/2023 18:17 (602) 757-4 8/4/2023 9:34 (602) 757-4 8/9/2023 9:00 (602) 757-4 8/9/2023 11:04 (602) 757-4 8/9/2023 11:23 (602) 757-4 8/9/2023 11:24 (602) 757-4 8/9/2023 11:24 (602) 757-4 8/9/2023 11:44 (602) 757-4 8/9/2023 11:45 (602) 757-4 8/9/2023 11:53 (602) 757-4 8/9/2023 11:54 (602) 757-4 8/9/2023 11:56 (602) 757-4 8/9/2023 13:20 (602) 757-4 8/9/2023 13:31 (602) 757-4 8/9/2023 13:47 (602) 757-4 8/9/2023 14:35 (602) 757-4 8/11/2023 14:19 (602) 757-4 8/11/2023 14:21 (602) 757-4 8/14/2023 16:15 (602) 757-4 8/14/2023 16:17 (602) 757-4 8/14/2023 16:18 (602) 757-4 8/14/2023 16:19 (602) 757-4 8/14/2023 17:47 (602) 757-4 8/14/2023 18:38 (602) 757-4 8/21/2023 12:28 (602) 757-4 8/21/2023 17:08 (602) 757-4
The date and time for call usage corresponds with the time zone you are in when beginning a call. ges
DestinationDirection Type Phoenix, AZOutgoing Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text -- Incoming Picture Phoenix, AZOutgoing Text -- Incoming Picture Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text -- Incoming Picture -- Incoming Picture Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text Phoenix, AZIncoming Text Phoenix, AZOutgoing Text Phoenix, AZIncoming Text -- Outgoing Picture Usage for: 5.2E+09
MESSAGING CHARGES
Total use: 222 messag
Date (Pacific) Number 10/3/2023 9:29 (602) 757-4 10/2/2023 18:46 (602) 757-4 10/2/2023 9:45 (602) 757-4 10/2/2023 9:42 (602) 757-4 9/30/2023 15:48 (602) 757-4 9/28/2023 15:00 (602) 757-4 9/28/2023 14:13 (602) 757-4 9/25/2023 16:26 (602) 757-4
The date and time for call usage corresponds with the time zone you are in when beginning a call. ges
DestinationDirection Type PHOENIX, AOutgoing Text PHOENIX, AOutgoing Text PHOENIX, AIncoming Text PHOENIX, AOutgoing Text PHOENIX, AOutgoing Text PHOENIX, AOutgoing Text PHOENIX, AIncoming Text PHOENIX, AOutgoing Text Kevin Hartfield <[email redacted]>
Wiring payment confirmation me age
Kevin Hartfield <[email redacted]> Wed, Feb 22, 2023 at 10:34 AM To: [email redacted]
Hi Meli a
This is Kevin Hartfield. I reviewed and signed my project final proposal that you sent over yesterday. I also set up a wire payment through Wells Fargo for our first payment.
Can you confirm that both of these items have been received?
Thank you for all the help. Kevin
melissa bjeldeconstruction.com <[email redacted]> Wed, Feb 22, 2023 at 10:36 AM To: Kevin Hartfield <[email redacted]>
Hello Kevin,
Yes we received your wire.
Processing everything for you at this time.
Melissa Bergstrom Controller Bjelde Construction LNB Enterprises, LLC Bjelde Electric, LLC Melissa@bjeldeconstruction com 480-288-7512 - office 602-799-9898 -- Cell www.bjeldeconstruction.com From: Kevin Hartfield knhartfield@gmail com Sent: Wednesday, February 22, 2023 10:34 AM To: melissa bjeldecon truction com meli a@bjeldecon truction com Subject: Wiring payment confirmation
[Quoted text hidden]
Kevin Hartfield <[email redacted]> Wed, Feb 22, 2023 at 12:38 PM To: "melissa bjeldeconstruction.com" <[email redacted]>
Thank you. [Quoted text hidden] Hartfield Final Propo al igned pdf 299K Wells Fargo Combined Statement of Accounts March 15, 2023 Page 1 of 6
Questions? KEVIN HARTFIELD Available by phone 24 hours a day, 7 days a week: We accept all relay calls, including 711 MEGAN HARTFIELD 18803 E VIA DE ARBOLES 1-800-742-4932 QUEEN CREEK AZ 85142-4036 En español: 1-877-727-2932
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (038) P.O. Box 6995 Portland, OR 97228-6995
You and Wells Fargo Account options Don't fall for an IRS imposter scam. Learn to spot scams and help avoid tax fraud at A check mark in the box indicates you have these www.wellsfargo.com/SpotTaxScams. convenient services with your account(s). Go to wellsfargo.com or call the number above if you have questions or if you would like to add new services.
Online Banking ✓ Direct Deposit ✓ Online Bill Pay Auto Transfer/Payment ✓ Online Statements ✓ Overdraft Protection Mobile Banking Debit Card My Spending Report ✓ Overdraft Service ✓
Summary of accounts
Checking and Savings Ending balance Ending balance Account Page ® Wells Fargo at Work Checking 2 SM Wells Fargo Money Market Savings 4
Total deposit acco
(38) Sheet Seq = 0065872 Sheet 00001 of 00003 RECEIVED LEGAL 12/29/2023
12-28-2023 To AZROC Attention: “Written Answer to Citation and Complaint” Case N. 2023-11501
FROM: Lyle Nils Bjelde Bjelde Construction, LLC.
To whom it may concern,
When we started the project, we ran into some change order work which was coordinated and done. At that time, we ran into some work-related hardships. We had previously laid off some people, and ran into some more hardships in hiring competent people. I also had an injury that kept me from working in the field/office and sales for some time, which in turn made us have to move out of our office. All of this time I was trying to get competent workers to cover what was needed to be done, however not a lot of qualified people available. Unfortunately, I have not been able to finish this job at this time.
Thanks Lyle Nils Bjelde RECEIVED LEGAL 12/29/2023
Bjelde Construction, LLC RECEIVED LEGAL 12/29/2023
Answers - AZROC <[email redacted]>
Citation response messages
Nils Bjelde <[email redacted]> Fri, Dec 29, 2023 at 5:25 PM To: "[email redacted]" <[email redacted]> Cc: Nils Bjelde <[email redacted]>
To whom it may concern.
Thanks, Nils Bjelde
Hartfield Citation Response 2023-11501.docx 33K
Answers - AZROC <[email redacted]> Tue, Jan 2, 2024 at 8:55 AM To: Nils Bjelde <[email redacted]>
Hello,
Thank you for your response to the citation.
Please confirm that your intention of this response is to contest the citation and proceed to a hearing? [Quoted text hidden] -- Thank you.
Registrar of Contractors Legal Department
Nils Bjelde <[email redacted]> Fri, Jan 5, 2024 at 9:16 PM To: Answers - AZROC <[email redacted]>
Yes, I confirm.
From: [email redacted] <[email redacted]> on behalf of Answers - AZROC <[email redacted]> Sent: Tuesday, January 2, 2024 8:55 AM To: Nils Bjelde <[email redacted]> Subject: Re: Citation response
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! "622# $$ #2# 2 282%&'80 ( 80)*' )" !' ) # !'! 60+ 7+,((7(++017,,1()"# '#"$60+ 7+,((7(++017,,- 020 Complaint #2023-11501 P 1 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 2 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 3 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 4 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 5 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 6 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 7 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 8 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 9 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 10 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 11 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 12 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 13 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Complaint #2023-11501 P 14 JSI date 11/06/2023 at 2:00PM JSI PHOTOS Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3