2023A-11927-CHC-ROC Notice of Hearing & Packet MAILED 2023-11927.pdf
2023A-11927-CHC-ROC · Registrar of Contractors · 2024-06-03
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Steven Michael Kortsen-Pebler II , Case No. 2023-11927
COMPLAINANT, Docket No. 2023A-11927-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Framer Construction Sanchez LLC License No. ROC 343300,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
July 19, 2024 9:00 AM Amy Haley 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 May 1, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 3 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/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 June 3, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail June 3, 2024 to:
Respondent(s) Framer Construction Sanchez LLC 22237 S 211th Way Queen Creek, AZ 85142
Complainant(s) Steven Michael Kortsen-Pebler II 22424 South Ellsworth Loop Road, #1822 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. 2023-11927 /
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: STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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: Framer Construction Sanchez LLC DBA: 22237 S 211th Way 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 December 4, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11927
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for December 22, 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: STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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: Framer Construction Sanchez LLC DBA: 22237 S 211th Way 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 January 2, 2024
Re: Complaint Number 2023-11927
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for December 22, 2023 at 10:00 AM has been rescheduled for January 23, 2024 at 10:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
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):
Framer Construction Sanchez LLC
22237 S 211th Way 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 Complainant: STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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: Framer Construction Sanchez LLC DBA: 22237 S 211th Way 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 January 24, 2024
Re: Complaint Number 2023-11927
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for January 23, 2024 at 10:00 AM has been rescheduled for March 8, 2024 at 9:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
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):
Framer Construction Sanchez LLC
22237 S 211th Way 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 Jobsite Inspection Notes
Case No.: 2023-11927 Investigator: Patricia Schuette Inspection Date: March 8, 2024 Inspection Time: 9:00 AM
Complainant: STEVEN Michael Respondent: Framer Construction KORTSENPEBLER II Sanchez LLC Not Present: Not Present:
Jobsite General Notes: Only the complainant was present. There was a couple of inches of rainfall the evening prior to the inspection.
Compliance Item: 1-PD Roof holds water. Investigator’s Observation: Verified. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 2-Scuppers installed too high. Investigator’s Observation: Verified. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 3-The windows and sliding glass door left NOT meeting the Minimum Workmanship Standards. Investigator’s Observation: Verified. The two sliding glass doors on the rear main level of the home were not installed per plans submitted to Queen Creek. The doors were supposed to be recessed having an inverted popout detail like the other doors installed. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 4-The 2/12 roof system NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 5-Fireplace & Roof Stacks: the fireplace and roof stack systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The weathervane on the front
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
of the house is not per location. The faux chimney and steeple shown on the blue print were not installed/omitted. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 6-Eaves and Overhangs: the eave and overhang systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 7-Crooked, warped fascia. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 8-Wavy or improperly supported soffits. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 9-Trim omitted at juncture of soffit to wall when specified. Investigator’s Observation: Verified. This is duplicate to item 4. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 10-Shingle mold crooked, improperly nailed. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 11-Door casing, window casing or brick mold loose, out of square or does not fit. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 12-Corner boards too short or loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 13-Hammer marks on trim. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 14-Spliced barge rafters. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 C011 12/23
Compliance Item: 15-Exterior (including garage doors) warping, splintering, shrinking and exposing unfinished areas. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 16-Floor squeak or sub-floor appears loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 17-Wood or metal framed floors uneven or out of level. Investigator’s Observation: Unverified. This is in reference to the upper decks. Allegation is that ¾” ply was not used however, I am unable to verify. Governing Rule: N/A
Compliance Item: 18-Walls not straight or not plumb. Investigator’s Observation: Verified. The wall in the garage to the right of the service door is out of plumb more than ¼” measured from floor to ceiling. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 19-Wall not 90 degree angles to each other. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 20-Rough opening for doors and windows are not properly dimensioned, plumb and level. Investigator’s Observation: Unverified. Corrected prior to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
inspection. Governing Rule: N/A
Compliance Item: 21-Warped or twisted studs or ceiling joists. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 22-Twisted or warped interior and exterior posts or beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 23-Cracked interior beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 24-Improper crickets. Investigator’s Observation: Verified. Duplicate to item 2. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 25-Roof holds water. Investigator’s Observation: Verified. Duplicate to item 1. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 26-Drafts around doors and windows. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 27-Threshold leaks water. Investigator’s Observation: Unverified. The sliding door in question had been modified from original installation. Governing Rule: N/A
Compliance Item: 28-Weather strips missing or damaged on windows. Investigator’s Observation: Verified. There are multiple slider windows that are missing the bottom roller(s). Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 29-Excessive gap between doors at T astragal on double doors. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 C011 12/23
Compliance Item: 30-Weather strip missing at T astragal. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complainant: STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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 12/23 Respondent: Framer Construction Sanchez LLC DBA: 22237 S 211th Way 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 12/23 March 21, 2024
License No. ROC 343300
Re:Complaint No. 2023-11927
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 April 12, 2024.
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-PD Roof holds water. Investigator’s Observation: Verified. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to
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 12/23 correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 2-Scuppers installed too high. Investigator’s Observation: Verified. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 3-The windows and sliding glass door left NOT meeting the Minimum Workmanship Standards. Investigator’s Observation: Verified. The two sliding glass doors on the rear main level of the home were not installed per plans submitted to Queen Creek. The doors were supposed to be recessed having an inverted popout detail like the other doors installed. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 4-The 2/12 roof system NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 5-Fireplace & Roof Stacks: the fireplace and roof stack systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The weathervane on the front of the house is not per location. The faux chimney and steeple shown on the blue print were not installed/omitted. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 9-Trim omitted at juncture of soffit to wall when specified. Investigator’s Observation: Verified. This is duplicate to item 4. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 operation completed in accordance with such plans and specifications and code.
Compliance Item: 18-Walls not straight or not plumb. Investigator’s Observation: Verified. The wall in the garage to the right of the service door is out of plumb more than ¼” measured from floor to ceiling. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 24-Improper crickets. Investigator’s Observation: Verified. Duplicate to item 2. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 25-Roof holds water. Investigator’s Observation: Verified. Duplicate to item 1. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 work not performed in accordance with professional industry standards.
Compliance Item: 28-Weather strips missing or damaged on windows. Investigator’s Observation: Verified. There are multiple slider windows that are missing the bottom roller(s). Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 6-Eaves and Overhangs: the eave and overhang systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 7-Crooked, warped fascia. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 8-Wavy or improperly supported soffits. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 10-Shingle mold crooked, improperly nailed. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 11-Door casing, window casing or brick mold loose, out of square or does not fit. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 12-Corner boards too short or loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 13-Hammer marks on trim. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 14-Spliced barge rafters. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 15-Exterior (including garage doors) warping, splintering, shrinking and exposing unfinished areas. Investigator’s Observation: Unverified. Corrected prior to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 inspection. Governing Rule: N/A
Compliance Item: 16-Floor squeak or sub-floor appears loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 17-Wood or metal framed floors uneven or out of level. Investigator’s Observation: Unverified. This is in reference to the upper decks. Allegation is that ¾” ply was not used however, I am unable to verify. Governing Rule: N/A
Compliance Item: 19-Wall not 90 degree angles to each other. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 20-Rough opening for doors and windows are not properly dimensioned, plumb and level. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 21-Warped or twisted studs or ceiling joists. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 22-Twisted or warped interior and exterior posts or beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 23-Cracked interior beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 26-Drafts around doors and windows. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 27-Threshold leaks water. Investigator’s Observation: Unverified. The sliding door in question had been modified from original installation. Governing Rule: N/A
Compliance Item: 29-Excessive gap between doors at T astragal on double doors. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 30-Weather strip missing at T astragal. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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 12/23 Respondent: Framer Construction Sanchez LLC DBA: 22237 S 211th Way 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 12/23 April 12, 2024
License No. ROC 343300
Re:Complaint No. 2023-11927
AMENDED 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 April 26, 2024.
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-PD Roof holds water. Investigator’s Observation: Verified. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to
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 12/23 correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 2-Scuppers installed too high. Investigator’s Observation: Verified. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 3-The windows and sliding glass door left NOT meeting the Minimum Workmanship Standards. Investigator’s Observation: Verified. The two sliding glass doors on the rear main level of the home were not installed per plans submitted to Queen Creek. The doors were supposed to be recessed having an inverted popout detail like the other doors installed. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 4-The 2/12 roof system NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 5-Fireplace & Roof Stacks: the fireplace and roof stack systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Verified. The weathervane on the front of the house is not per location. The faux chimney and steeple shown on the blue print were not installed/omitted. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.
Compliance Item: 9-Trim omitted at juncture of soffit to wall when specified. Investigator’s Observation: Verified. This is duplicate to item 4. The 2/12 roof detail was omitted and not constructed per plans submitted to Queen Creek. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (2) (a) Departure from or disregard of Plans or specification sin any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 operation completed in accordance with such plans and specifications and code.
Compliance Item: 18-Walls not straight or not plumb. Investigator’s Observation: Verified. The wall in the garage to the right of the service door is out of plumb more than ¼” measured from floor to ceiling. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 24-Improper crickets. Investigator’s Observation: Verified. Duplicate to item 2. The scuppers on all three decks appear to be too high for water to drain off. Scuppers should be installed low enough to drain roof. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
Compliance Item: 25-Roof holds water. Investigator’s Observation: Verified. Duplicate to item 1. All three decks are holding water. Minor ponding (up to ½” deep in small areas equivalent to no more than 1/3 of span) is acceptable providing roof is dry within 48 hours after rainfall. At the time of inspection, more than 1/3 the span was ponding water on all three decks. It appears that there is a belly in all three as well as an inverted slope going back to the body of the house not towards the scuppers. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 work not performed in accordance with professional industry standards.
Compliance Item: 28-Weather strips missing or damaged on windows. Investigator’s Observation: Verified. There are multiple slider windows that are missing the bottom roller(s). Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 6-Eaves and Overhangs: the eave and overhang systems NOT completed per plans, specifications, and engineering analysis. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 7-Crooked, warped fascia. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 8-Wavy or improperly supported soffits. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 10-Shingle mold crooked, improperly nailed. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 11-Door casing, window casing or brick mold loose, out of square or does not fit. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 12-Corner boards too short or loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 13-Hammer marks on trim. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 14-Spliced barge rafters. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 15-Exterior (including garage doors) warping, splintering, shrinking and exposing unfinished areas. Investigator’s Observation: Unverified. Corrected prior to
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 inspection. Governing Rule: N/A
Compliance Item: 16-Floor squeak or sub-floor appears loose. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 17-Wood or metal framed floors uneven or out of level. Investigator’s Observation: Unverified. This is in reference to the upper decks. Allegation is that ¾” ply was not used however, I am unable to verify. Governing Rule: N/A
Compliance Item: 19-Wall not 90 degree angles to each other. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 20-Rough opening for doors and windows are not properly dimensioned, plumb and level. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 21-Warped or twisted studs or ceiling joists. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 22-Twisted or warped interior and exterior posts or beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 23-Cracked interior beams. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 26-Drafts around doors and windows. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Compliance Item: 27-Threshold leaks water. Investigator’s Observation: Unverified. The sliding door in question had been modified from original installation. Governing Rule: N/A
Compliance Item: 29-Excessive gap between doors at T astragal on double doors. Investigator’s Observation: Unverified. Corrected prior to inspection. 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 12/23 Compliance Item: 30-Weather strip missing at T astragal. Investigator’s Observation: Unverified. Corrected prior to inspection. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Steven Michael Kortsen-Pebler II, Case No. 2023-11927 COMPLAINANT, v. Framer Construction Sanchez LLC, CITATION License No. ROC 343300, RESPONDENT.
The Registrar issues this Citation to Framer Construction Sanchez LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 16, 2024, 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 13, 2023, Steven Michael Kortsen-Pebler II (“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)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 the particular construction project or operation completed in accordance with such plans and specifications and code. Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge:3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32- 1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11927. How to File a Written Answer: Respondent’s written answer may be submitted in
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 the 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] 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 May 16, 2024. 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.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 1, 2024. By: /s/ Meridith Bel Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 1, 2024 to: Respondent Certified Mail No: [number redacted] Framer Construction Sanchez LLC 22237 S. 211th Way Queen Creek, AZ 85142 Copy mailed by USPS First Class mail this same date to: Respondent Framer Construction Sanchez LLC 22237 S. 211th Way Queen Creek, AZ 85142 Complainant Steven Michael Kortsen-Pebler II 22424 South Ellsworth Loop Road, #1822 Queen Creek, AZ 85142 Complainant’s Attorney Quarles & Brady LLP 2 N. Central Ave. #3 Phoenix, AZ 85004 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 Complainant’s Attorney at email address of record with Registrar Case No. 2023-11927
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Received by Investigations 10/13/2023 2023-11927 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Mailing Address (Enter jobsite in Contract/Project section) City State Zip
Arizona Phone Number Email
I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Quarles & Brady LLP Street Address of Attorney City State Zip
N Central Avenue #3 Phoenix Arizona 85004 Phone Number of Attorney Email of Attorney
602-229-5200 Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Street Address City State Zip
Phone Number Email
Name of Person(s) Representing License
Contract/Project Information Contract Date Contract Amount Amount Paid
July 7, 2023 $24,000.00 $24,000.00 Date Work Started Date Work Stopped Date Work Was Completed
July 7, 2023 August 3, 2023 August 3, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
December 1, 2023 December 1, 2023 Jobsite Street Address City State Zip
22225 S Ellsworth Rd Queen Creek AZ 85142 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Other I have contacted the contractor by Letter Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Written All change orders were Written This project was Residential This project involved New Home
A building permit was obtained by 23-0480 List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
\complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Received 5/14/2024 ROC Legal
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
CASE No. 2023-11927
RESPONDENT: FRAMER CONSTRUCTION SANCHEZ LLC No. ROC 343300
COMPLAINANT: STEVEN MICHAEL KORTSEN – PLEBER II.
1.- THE ALLEGATIONS IN CHARGE ONE IN THE COMPLAINT, I DENY.
2.- THE ALLEGATIONS IN CHARGE TWO IN THE COMPLAINT, I DENY.
3.- THE ALLEGATIONS IN CHARGE THREE IN THE COMPLAINT, I DENY.
DEFENDANTS GENERAL DENIAL: Defendant Denies anything stated in the Complaint, false facts stated by Complainant Received 5/14/2024 ROC Legal
DEFENSES:
A) DEFENDANT ALLEGES THAT THE CLAIMS FOR RELIEF STATED IN THE COMPLAINT ARE, DENY FOR THIS REASONS:
1. AT THIS POINT I WANT TO ADD THAT I ONLY DID WHAT THE PLAINTIFF REQUESTED UNTIL HE PASSED INSPECTION AND SPECIFICALLY FROM FRAMING.
2. AT THIS POINT I WANT TO DENY THE DEFENDANT'S STATEMENT, SINCE IF I HAD NOT DONE THE WORK IN A TIMELY MANNER HE WOULD NOT HAVE PAID ME AS WE AGREED.
3. AT THIS POINT I WANT TO ADD THAT I ONLY DID ALL THE FRAMAIN WORK THAT I WAS ENTITLED TO, BUT THE PLAINTIFF ASKED ME TO DO OTHER WORK, SUCH AS PUTTING WINDOWS, MOVING WALLS, MAKING SOME REPAIRS THAT WERE NOT IN THE PLANS, MAKING A JACUZZI, A FIREPLACE TO HIS LIKING FOR AN EXTRA PAYMENT OF $3,000,000. ACTIVITIES THAT I DID JUST AS HE ASKED ME FOR AND IN THE END HE DIDN'T PAY ME, THEN HE REQUESTED OTHER EXTRA WORK TO WHAT WAS ESTABLISHED IN THE INITIAL PLANS, AND SINCE I DIDN'T WANT TO DO IT BECAUSE HE HADN'T PAID ME FOR THE PREVIOUS EXTRA WORK, HE GOT ANGRY AND SENT ME A TEXT MESSAGE WHERE HE THREATENED ME THAT HE WAS GOING TO DO EVERYTHING POSSIBLE TO TAKE AWAY MY CONTRACTORS' LICENSE, I TEXTED BACK THAT IT WASN'T FAIR FOR HIM TO THREATEN ME, WHEN I HAD ALREADY DONE EXTRA WORK AND THAT HE HADN'T PAID ME. (ANNEX TEXT MESSAGES AS EVIDENCE). Received 5/14/2024 ROC Legal
WHEREFORE, having fully defended, Defendant requests that Plaintiff’s Complaint be dismissed, that the Defendant pay the costs He owes.
SUBMITTED THIS 14 DAY OF MAY, 2024.
RENE SANCHEZ AGUADO Received 5/14/2024 ROC Legal Received 5/14/2024 ROC Legal Received 5/15/24, 9:46 AM State of Arizona Mail - ANSWER from Framer Construction Sánchez LLC 5/14/2024 ROC Legal
Answers - AZROC <[email redacted]>
ANSWER from Framer Construction Sánchez LLC message
Rene Sanchez <[email redacted]> Tue, May 14, 2024 at 7:17 PM To: [email redacted]
Enviado desde mi iPhone
attachments
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REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA.pdf 33K
https://mail.google.com/mail/b/AEoRXRTiq8XP4uh4pRmoY9s4u8Y1Nm-jSm9kV1CwOg-8IKPvLz3r/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
STEVEN Michael KORTSENPEBLER II , Case No. 2023-11927 COMPLAINANT, v. Framer Construction Sanchez LLC ORDER DENYING REQUEST TO License No. ROC 343300, DISMISS RESPONDENT. BACKGROUND On May 1, 2024 the Registrar issued a citation against Respondent’s License No. 343300, charging Respondent with violations of A.R.S. §§ 32-1154(A)(2)(a), (A)(3), namely A.A.C. R4-9-108(a), and (A)(22). Respondent filed its Answer on May 15, 2024, where it denied all three charges. The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course.
Dated May 22, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail May 22, 2024 to: Respondent(s) Framer Construction Sanchez LLC 22237 S 211th Way Queen Creek, AZ 85142 Complainant(s) STEVEN Michael KORTSENPEBLER II 22424 South Ellsworth Loop Road, #1822 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. 2023-11927/
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Complaint #2023-11927 P 1 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 2 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 3 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 4 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 5 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 6 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 7 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 8 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 9 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 10 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 11 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 12 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 13 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Plan showing inverted popout detail on doors Complaint #2023-11927 P 14 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Plan showing weathervane detail Complaint #2023-11927 P 15 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Faux chimney and vented steeple omitted from plan Complaint #2023-11927 P 16 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 17 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Weather vane detail omitted per plan Complaint #2023-11927 P 18 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Missing steeple per plan Complaint #2023-11927 P 19 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 20 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 21 JSI date 03/08/2024 at 9:00AM JSI PHOTOS
Missing chimney per plan Complaint #2023-11927 P 22 JSI date 03/08/2024 at 9:00AM JSI PHOTOS Complaint #2023-11927 P 23 JSI date 03/08/2024 at 9:00AM 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