2023A-12179-CHC-ROC Notice of Hearing & Packet MAILED

2023A-12179-CHC-ROC · Registrar of Contractors · 2024-05-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kristin Moore , Case No. 2023-12179

COMPLAINANT, Docket No. 2023A-12179-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Sabino Roofing LLC License No. ROC 264104,

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

HEARING INFORMATION The hearing is set for:

July 9, 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 April 24, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

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 May 31, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail May 31, 2024 to:

Respondent(s) Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

Complainant(s) Kristin Moore 6138 E San Marino Tucson, AZ 85715 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. 2023-12179 /

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: Kristin Moore 6138 E San Marino Tucson, AZ 85715

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: Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 1, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12179

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for December 13, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

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

Sincerely, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

Complainant: Kristin Moore Respondent: Sabino Roofing LLC

Present for the complainant: Kristin Moore Present for the respondent: Jesus Yzabal Overview of project: New metal roof

Complaint Item 1: “Roof is incomplete for main house and guest house. Underlayment rotting where metal was never placed. Underlayment calls for double layer and only a single layer was installed. Missing sidewall flashing Missing Hip trim Missing metal field panels on main house and guest house Inconsistent metal flashings installed. Some are color matched to field panels, some are not. There are no neoprene roof jacks installed at terminations. Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. Some panels were cut incorrectly at the roof to wall area. Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush. Bird Screen needs to be installed. Overall the areas that appear finished n do not match manufacturers finished product pictures.” Investigator’s Observations: Verified. Conditions observed during the ROC jobsite inspection: • The roofing project is not complete. • Work has not been completed per contract. • Several areas of missing and/or incomplete roof edge • Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings • Numerous and excessive dents, wrinkles, and damaged roofing material • Flashings not behind stucco • Roofing material not parallel with house walls • Several areas of roof panels not interlocked, and exposed cut edges • Gaps where roofing components are not properly overlapped and/or not properly interlocked • Uneven, exposed, poor cuts • Improper, poor, and inconsistent flashings at penetrations • Exposed fasteners • Valley(s) terminate/discharge below roofing material • Missing ridge/hip cap material • Uneven cuts at valleys / inconsistent materials at valleys RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes A roof evaluation report from Headlee Roofing Co. Inc. ROC 075771, includes the flowing: • After looking at the roofing at the above listed address, these are my findings: 1. The roofing job is incomplete. There are missing sidewall flashing. 2. There are missing hip trim. 3. There are missing field panels on the guest house west deck and at the main house fireplace. 4. There are inconsistent metal flashings installed. Some are color matched to the field panels, others are left galvanized. 5. There are no neoprene roof jacks installed at terminations. 6. The panels consistent of a curved bell with a flat area. Approximately 25% of the panels have dented or depressed areas on the bell portion of the metal panels. 7. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. 8. At south deck offset at 2nd story, panels were cut incorrectly at the roof to wall area. • These metal panels are installed starting at the bottom right side of a deck. They continue from right to left to finish off a deck slope. The next row is “clipped” over the previous row, screwed down at the top, and the installation continues. Specific metal panels can’t be removed from the middle of a deck. • It is the opinion of this roofing contractor that the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces. In response to this roof evaluation report, the respondent sent an email that includes: • “I don’t disagree with what needs to be done since fixing this after all this time has passed will never be as it was supposed to be.” Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. REQUIRED CORRECTIVE ACTION: The respondent is correct all deficiencies by appropriate means, which includes “…the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces.”

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • An estimated date of completion • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar • A signature of the contractor Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information:

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

RCC100 11/14

Jobsite Inspection Photos 1 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of missing and/or incomplete roof edge

Jobsite Inspection Photos 2 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of missing and/or incomplete roof edge

Jobsite Inspection Photos 3 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of missing and/or incomplete roof edge

Jobsite Inspection Photos 4 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of missing and/or incomplete roof edge

Jobsite Inspection Photos 5 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 6 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 7 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 8 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 9 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 10 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 11 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 12 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 13 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 14 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings

Jobsite Inspection Photos 15 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 16 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 17 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 18 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 19 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 20 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Numerous and excessive dents, wrinkles, and damaged roofing material

Jobsite Inspection Photos 21 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 22 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 23 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 24 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 25 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 26 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 27 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 28 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 29 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 30 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Flashings not behind stucco

Jobsite Inspection Photos 31 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Roofing material not parallel with house walls

Jobsite Inspection Photos 32 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Roofing material not parallel with house walls

Jobsite Inspection Photos 33 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 34 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 35 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 36 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 37 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 38 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 39 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 40 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 41 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Several areas of roof panels not interlocked, and exposed cut edges

Jobsite Inspection Photos 42 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Gaps where roofing components are not properly overlapped and/or not properly interlocked

Jobsite Inspection Photos 43 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Gaps where roofing components are not properly overlapped and/or not properly interlocked

Jobsite Inspection Photos 44 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Gaps where roofing components are not properly overlapped and/or not properly interlocked

Jobsite Inspection Photos 45 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Gaps where roofing components are not properly overlapped and/or not properly interlocked

Jobsite Inspection Photos 46 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Gaps where roofing components are not properly overlapped and/or not properly interlocked

Jobsite Inspection Photos 47 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven, exposed, poor cuts

Jobsite Inspection Photos 48 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven, exposed, poor cuts

Jobsite Inspection Photos 49 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven, exposed, poor cuts

Jobsite Inspection Photos 50 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Improper, poor, and inconsistent flashings at penetrations

Jobsite Inspection Photos 51 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Improper, poor, and inconsistent flashings at penetrations

Jobsite Inspection Photos 52 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Improper, poor, and inconsistent flashings at penetrations

Jobsite Inspection Photos 53 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Improper, poor, and inconsistent flashings at penetrations

Jobsite Inspection Photos 54 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Exposed fasteners

Jobsite Inspection Photos 55 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Exposed fasteners

Jobsite Inspection Photos 56 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Exposed fasteners

Jobsite Inspection Photos 57 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Valley(s) terminate/discharge below roofing material

Jobsite Inspection Photos 58 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Missing ridge/hip cap material

Jobsite Inspection Photos 59 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Missing ridge/hip cap material

Jobsite Inspection Photos 60 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Missing ridge/hip cap material

Jobsite Inspection Photos 61 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven cuts at valleys / inconsistent materials at valleys

Jobsite Inspection Photos 62 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven cuts at valleys / inconsistent materials at valleys

Jobsite Inspection Photos 63 Complaint No.: 2023-12179 Investigator: John Smith #194 Inspection Date: 12/13/2023 Inspection Time: 11:00AM Jobsite address: 6138 E. San Marino, Tucson, AZ 85715

• Uneven cuts at valleys / inconsistent materials at valleys

Complainant: Kristin Moore 6138 E San Marino Tucson, AZ 85715

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: Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 4, 2024

License No. ROC 264104

Re: Complaint No. 2023-12179

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 February 1, 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:

Complaint Item 1: “Roof is incomplete for main house and guest house. Underlayment rotting where metal was never placed. Underlayment calls for double layer and only a single layer was installed. Missing sidewall flashing Missing Hip trim Missing metal field panels on main house and guest house Inconsistent metal flashings installed. Some are color matched to field panels, some are not. There are no neoprene roof jacks installed at terminations. Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. Some panels were cut incorrectly at the roof to wall area. Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush.

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 Bird Screen needs to be installed. Overall the areas that appear finished n do not match manufacturers finished product pictures.” Investigator’s Observations: Verified. Conditions observed during the ROC jobsite inspection: • The roofing project is not complete. • Work has not been completed per contract. • Several areas of missing and/or incomplete roof edge • Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings • Numerous and excessive dents, wrinkles, and damaged roofing material • Flashings not behind stucco • Roofing material not parallel with house walls • Several areas of roof panels not interlocked, and exposed cut edges • Gaps where roofing components are not properly overlapped and/or not properly interlocked • Uneven, exposed, poor cuts • Improper, poor, and inconsistent flashings at penetrations • Exposed fasteners • Valley(s) terminate/discharge below roofing material • Missing ridge/hip cap material • Uneven cuts at valleys / inconsistent materials at valleys A roof evaluation report from Headlee Roofing Co. Inc. ROC 075771, includes the flowing: • After looking at the roofing at the above listed address, these are my findings: 1. The roofing job is incomplete. There are missing sidewall flashing. 2. There are missing hip trim. 3. There are missing field panels on the guest house west deck and at the main house fireplace. 4. There are inconsistent metal flashings installed. Some are color matched to the field panels, others are left galvanized. 5. There are no neoprene roof jacks installed at terminations. 6. The panels consistent of a curved bell with a flat area. Approximately 25% of the panels have dented or depressed areas on the bell portion of the metal panels. 7. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. 8. At south deck offset at 2nd story, panels were cut incorrectly at the roof to wall area. • These metal panels are installed starting at the bottom right side of a deck. They continue from right to left to finish off a deck slope. The next row is “clipped” over the previous row, screwed down at the top, and the installation continues. Specific metal panels can’t be removed from the middle of a deck. • It is the opinion of this roofing contractor that the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces. In response to this roof evaluation report, the respondent sent an email that includes: • “I don’t disagree with what needs to be done since fixing this after all this time has passed will never be as it was supposed to be.” Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. REQUIRED CORRECTIVE ACTION: The respondent is correct all deficiencies by appropriate means, which includes “…the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces.”

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • An estimated date of completion • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar • A signature of the contractor Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection 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 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Kristin Moore 6138 E San Marino Tucson, AZ 85715

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: Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 31, 2024

License No. ROC 264104

Re: Complaint No. 2023-12179

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 March 4, 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:

Complaint Item 1: “Roof is incomplete for main house and guest house. Underlayment rotting where metal was never placed. Underlayment calls for double layer and only a single layer was installed. Missing sidewall flashing Missing Hip trim Missing metal field panels on main house and guest house Inconsistent metal flashings installed. Some are color matched to field panels, some are not. There are no neoprene roof jacks installed at terminations. Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. Some panels were cut incorrectly at the roof to wall area. Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush.

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 Bird Screen needs to be installed. Overall the areas that appear finished n do not match manufacturers finished product pictures.” Investigator’s Observations: Verified. Conditions observed during the ROC jobsite inspection: • The roofing project is not complete. • Work has not been completed per contract. • Several areas of missing and/or incomplete roof edge • Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings • Numerous and excessive dents, wrinkles, and damaged roofing material • Flashings not behind stucco • Roofing material not parallel with house walls • Several areas of roof panels not interlocked, and exposed cut edges • Gaps where roofing components are not properly overlapped and/or not properly interlocked • Uneven, exposed, poor cuts • Improper, poor, and inconsistent flashings at penetrations • Exposed fasteners • Valley(s) terminate/discharge below roofing material • Missing ridge/hip cap material • Uneven cuts at valleys / inconsistent materials at valleys A roof evaluation report from Headlee Roofing Co. Inc. ROC 075771, includes the flowing: • After looking at the roofing at the above listed address, these are my findings: 1. The roofing job is incomplete. There are missing sidewall flashing. 2. There are missing hip trim. 3. There are missing field panels on the guest house west deck and at the main house fireplace. 4. There are inconsistent metal flashings installed. Some are color matched to the field panels, others are left galvanized. 5. There are no neoprene roof jacks installed at terminations. 6. The panels consistent of a curved bell with a flat area. Approximately 25% of the panels have dented or depressed areas on the bell portion of the metal panels. 7. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. 8. At south deck offset at 2nd story, panels were cut incorrectly at the roof to wall area. • These metal panels are installed starting at the bottom right side of a deck. They continue from right to left to finish off a deck slope. The next row is “clipped” over the previous row, screwed down at the top, and the installation continues. Specific metal panels can’t be removed from the middle of a deck. • It is the opinion of this roofing contractor that the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces. In response to this roof evaluation report, the respondent sent an email that includes: • “I don’t disagree with what needs to be done since fixing this after all this time has passed will never be as it was supposed to be.” Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. REQUIRED CORRECTIVE ACTION: The respondent is correct all deficiencies by appropriate means, which includes “…the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces.”

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • An estimated date of completion • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar • A signature of the contractor Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection 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 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Kristin Moore 6138 E San Marino Tucson, AZ 85715

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: Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 April 1, 2024

License No. ROC 264104

Re: Complaint No. 2023-12179

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 15, 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:

Complaint Item 1: “Roof is incomplete for main house and guest house. Underlayment rotting where metal was never placed. Underlayment calls for double layer and only a single layer was installed. Missing sidewall flashing Missing Hip trim Missing metal field panels on main house and guest house Inconsistent metal flashings installed. Some are color matched to field panels, some are not. There are no neoprene roof jacks installed at terminations. Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. Some panels were cut incorrectly at the roof to wall area. Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush.

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 Bird Screen needs to be installed. Overall the areas that appear finished n do not match manufacturers finished product pictures.” Investigator’s Observations: Verified. Conditions observed during the ROC jobsite inspection: • The roofing project is not complete. • Work has not been completed per contract. • Several areas of missing and/or incomplete roof edge • Several areas of exposed deteriorated underlayment, throughout the entire roof. Exposed underlayment is a result of: o Incomplete work o Gaps and voids in the roofing material o Improper flashings • Numerous and excessive dents, wrinkles, and damaged roofing material • Flashings not behind stucco • Roofing material not parallel with house walls • Several areas of roof panels not interlocked, and exposed cut edges • Gaps where roofing components are not properly overlapped and/or not properly interlocked • Uneven, exposed, poor cuts • Improper, poor, and inconsistent flashings at penetrations • Exposed fasteners • Valley(s) terminate/discharge below roofing material • Missing ridge/hip cap material • Uneven cuts at valleys / inconsistent materials at valleys A roof evaluation report from Headlee Roofing Co. Inc. ROC 075771, includes the flowing: • After looking at the roofing at the above listed address, these are my findings: 1. The roofing job is incomplete. There are missing sidewall flashing. 2. There are missing hip trim. 3. There are missing field panels on the guest house west deck and at the main house fireplace. 4. There are inconsistent metal flashings installed. Some are color matched to the field panels, others are left galvanized. 5. There are no neoprene roof jacks installed at terminations. 6. The panels consistent of a curved bell with a flat area. Approximately 25% of the panels have dented or depressed areas on the bell portion of the metal panels. 7. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. 8. At south deck offset at 2nd story, panels were cut incorrectly at the roof to wall area. • These metal panels are installed starting at the bottom right side of a deck. They continue from right to left to finish off a deck slope. The next row is “clipped” over the previous row, screwed down at the top, and the installation continues. Specific metal panels can’t be removed from the middle of a deck. • It is the opinion of this roofing contractor that the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces. In response to this roof evaluation report, the respondent sent an email that includes: • “I don’t disagree with what needs to be done since fixing this after all this time has passed will never be as it was supposed to be.” Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. REQUIRED CORRECTIVE ACTION: The respondent is correct all deficiencies by appropriate means, which includes “…the existing metal panels be removed, a new underlayment installed for dry in due to the removal of all the screw attachments, and a new metal roofing panel be installed complete with all neoprene roof jacks, color coordinated trim and flashing pieces.”

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • An estimated date of completion • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar • A signature of the contractor Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the homeowner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection 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 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Kristin Moore Case No. 2023-12179 COMPLAINANT, v. Sabino Roofing LLC CITATION License No. ROC 264104,

RESPONDENT.

The Registrar issues this Citation to Sabino Roofing LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 9, 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).

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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 THE WRITTEN COMPLAINT On October 22, 2023, Kristin Moore (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Charge 2: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158.

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.

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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 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. 2023-12179. 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]

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 9, 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,

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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 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 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

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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 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. Dated April 24, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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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 of the foregoing mailed by Certified Mail, Return Receipt Requested, April 24, 2024 to:

Respondent Certified Mail No: [number redacted]

Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

Copy mailed by USPS First Class mail this same date to:

Sabino Roofing LLC 120 S. Houghton Rd. 138-269 Tucson, AZ 85748

Complainant Kristin Moore 6138 E San Marino Tucson, AZ 85715

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. 2023-12179 / <<CreatedBy_DW>

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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 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)

Kristin Moore Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6138 E San Marino Tucson Arizona 85715 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Sabino Roofing LLC ROC 264104 Street Address City State Zip

120 S. Houghton Rd. 138-269 Tucson AZ 85748 Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Jesus Yzabal Contract/Project Information Contract Date Contract Amount Amount Paid

December 21, 2020 $46,800.00 $28,400.00 Date Work Started Date Work Stopped Date Work Was Completed

December 23, 2020 July 9, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6138 E San Marino Tucson AZ 85715 Name of Construction Site Owner Construction Site Name (if applicable)

kristin moore Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by N/A 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)

Roof is incomplete for main house and guest house. Underlayment rotting where metal was never placed. Underlayment calls for double layer and only a single layer was installed. Missing sidewall flashing Missing Hip trim Missing metal field panels on main house and guest house Inconsistent metal flashings installed. Some are color matched to field panels, some are not. There are no neoprene roof jacks installed at terminations. Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. Some panels were cut incorrectly at the roof to wall area. Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush. Bird Screen needs to be installed. Overall the areas that appear finished n do not match manufacturers finished product pictures. Main house paint bubbled due to multiple roof leaks. We had to retexture and repaint entire wall. ; Underlayment rotting where metal was never placed. Underlayment calls for a double layer and only a single layer was installed. Exposed underlayment requests ignored. ; Missing sidewall flashing ; Missing Hip trim ; Missing metal field panels on main house and guest house. ; Inconsistent metal flashings installed. Some are color matched to field panels, some are not. ; There are no neoprene roof jacks installed at terminations. ; Panels ard consistent of a curved bell with a flat area. Approximately 25 % of panels are dented or depressed areas on the bell portion of the metal panels. ; Several of the field panels are not “locked” or hooked into the previous panels for correct overlap. ; Some panels were cut incorrectly at the roof to wall area. ; Gaps in installation leaving roof exposed in areas that appear to be finished. Seams not flush. ; Bird/Bat Screen never installed. Noticing bats going in and out of main house north side ; Overall the areas that appear finished do not match manufacturers finished product pictures. ; Main house paint bubbled due to multiple roof leaks. We had to retexture and repaint entire wall.

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Kristin Moore \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 5/9/24, 8:04 AM State of Arizona Mail - [number redacted]

Answers - AZROC <[email redacted]>

[number redacted] message

[email redacted] <[email redacted]> Wed, May 8, 2024 at 3:02 PM To: [email redacted] Cc: [email redacted], [email redacted]

To whom it may concern,

I have come to an agreement with the complainant to redo the roof completely with a product that is superior to the product she originally selected. This roof could not be completed professionally due to fact that when the complainant was ready for us to complete the roof it was no longer available and discontinued, and we ran short on material.

The complainant needed to get the new roof approved by her HOA. She just received to the best of my knowledge approval for that thru her HOA. Which is why we exceeded the time frame allowable after the directive was issued. She is aware that we will be completing the entire roof and she has also signed our new contract for that roof to be completed. The material will take 4-6 weeks minimum to receive the materials in and another 3-4 weeks to mobilize remove the old roof, and complete the new roof. So all work will be completed within approx. 75 days. The complainant is aware that the roof is 4-6 weeks out. I would like to request an extension to the first of august when I believe that the roof will be completed. Or request that an informal settlement conference be held so that way you can verify that the complainant is in fact in agreement with everything stated herein. I would like to recommend as well to withdrawl the claim, with the option to reopen it if necessary so as not to complicate matter further. Please let me know if you or others have any questions in this matter. I look forward to resolving this as quickly as possible to retain my good standings with the ROC and state of Arizona.

Respectfully,

Jesus Yzabal

Owner/Manager

Sabino Roofing, LLC

120 S Houghton Rd #138-269

Tucson, AZ 85748

520-631-5543

https://mail.google.com/mail/b/AEoRXRSvf9WSyXL1Mgo0H-LUSUzEbEQej2eKxVcFktpX7nJ90lWx/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 5/9/24, 8:04 AM State of Arizona Mail - [number redacted] [email redacted]

https://mail.google.com/mail/b/AEoRXRSvf9WSyXL1Mgo0H-LUSUzEbEQej2eKxVcFktpX7nJ90lWx/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 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