2023A-12288-CHC-ROC Notice of Hearing and Packet MAILED
2023A-12288-CHC-ROC · Registrar of Contractors · 2024-04-04
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Tyler G. Stevenson , Case No. 2023-12288 COMPLAINANT, Docket No. 2023A-12288-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Richmond American Construction Inc License No. ROC 206612,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
May 21, 2024 9:00 PM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will
be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.
All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on March 6, 2024.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated April 4, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 4, 2024 to: Respondent(s) Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
Richard L. Righi, Esq. 2999 N 44th St Ste 215 Phoenix, AZ 85018
Complainant(s) Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
Copy sent electronically this same date to:
Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2023-12288 /
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: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
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: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 October 31, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-12288
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for December 6, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, 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 Complainant: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
November 3, 2023
RE: Complaint No. 2023-12288
Dear Tyler G. Stevenson:
The Registrar of Contractors reviewed the information in your recently filed complaint. Before the Registrar can complete its investigation, additional information is required. Please submit the following information.
1. Contract Project information • Contract date • Contract Amount • Amount Paid • Date Work Started • Date Work Stopped • Date Work Was Completed • Close of Escrow (New Home) • Move-In Date (New Home) • Jobsite Street Address • City • State • Zip
2. A copy of the Contract • If the contract was written, please provide a copy of the original construction contract signed by both parties, including all addenda and change orders. 1. For new homes provide a copy of the Purchase Agreement. 2. If the only written documentation describing the work to be performed is contained in an estimate, bid, proposal, or invoice, please follow the instructions for a verbal contract below. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C003 08/19 • If the contract was verbal, provide a written statement describing the agreement that includes the following information: 1. The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed) 2. A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. If you have copies of any of these documents please provide them. 3. A description of the work to be performed under the contract (including any addenda or change orders) 4. The names of the people who negotiated the contract 5. The agreed upon payment schedule 6. An explanation of who was to receive payment 7. The date the work was to be completed
3. Copies of Proof of Payment • Acceptable forms of proof of payment are copies of: 1. Front and back of cancelled checks (redact account numbers) 2. Credit card statements (redact account numbers) 3. Executed lien releases/waivers 4. Bank/Lender documents showing payments/draws actually received by the contractor (redact account numbers) 5. For new homes provide a copy of the Final Statement/Closing Statement
Note: You may have already entered some, or all, of this information as part of your complaint submission process. Due to a temporary technical glitch, the above information did not auto- populate in our records.
This information can be sent directly, by email, 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 C003 08/19 Complainant: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
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: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
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 27, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-12288
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for December 6, 2023 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, 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.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Complainant: Tyler Stevenson Respondent: Richmond American Construction Inc
Present for the complainant: Tyler Stevenson Present for the respondent: Lee Golder, Lauren Hostetler, Reon Conway, John DeWitt Overview of project: This is a new construction home with the move in date stated to be 12/1/21 General Notes: Photos taken with agency issued Canon PowerShot ELPH180 and/or agency issued Google cell phone. Audio recorded with agency issued Olympus recorder and/or agency issued Google cell phone.
Complaint Item 1: “Water intrusion into garage from incorrectly sloped concrete work;” Investigator’s Observations: Verified. This complaint item is specific to the overhead doors. The concrete recess below the overhead doors has a negative slope. The respondent stated this will be corrected. 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.
Complaint Item 2: “Master shower tile has numerous hollow spots. This includes one area that I will not walk on as I don't want my foot to get cut when the tile breaks;” Investigator’s Observations: Verified. The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 3: “Visibly poor workmanship on baseboard installation. Corners not mitered, baseboards not lined up in numerous spots, excessive use of caulk in an attempt to hide the gaps.;” Investigator’s Observations: Verified. The following conditions are present throughout the house: • Base corner blocks not set consistently at 90 degrees • Heights not matching at corners • Excessive gaps filled with caulking • Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding. • Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding. • Areas of unfilled or poorly filled nail holes.
RCC100
Arizona Registrar of Contractors Jobsite Inspection Notes Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 4: “Driveway and expansion joints stained from paint and plaster debris.” Investigator’s Observations: Verified. Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint. There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain. 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.
Complaint Item 5: “Excess stucco strewn about the yard at the base of the home.” Investigator’s Observations: Verified. There is remaining stucco debris from recent corrective work. 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.
RCC100 11/14
Jobsite Inspection Photos 1 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The concrete recess below the overhead doors has a negative slope.
Jobsite Inspection Photos 2 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The concrete recess below the overhead doors has a negative slope.
Jobsite Inspection Photos 3 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The concrete recess below the overhead doors has a negative slope.
Jobsite Inspection Photos 4 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The concrete recess below the overhead doors has a negative slope.
Jobsite Inspection Photos 5 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive.
Jobsite Inspection Photos 6 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive.
Jobsite Inspection Photos 7 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Jobsite Inspection Photos 8 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Jobsite Inspection Photos 9 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Jobsite Inspection Photos 10 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Heights not matching at corners
Jobsite Inspection Photos 11 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Heights not matching at corners
Jobsite Inspection Photos 12 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Excessive gaps filled with caulking
Jobsite Inspection Photos 13 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding.
Jobsite Inspection Photos 14 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding.
Jobsite Inspection Photos 15 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding.
Jobsite Inspection Photos 16 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding.
Jobsite Inspection Photos 17 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Areas of unfilled or poorly filled nail holes.
Jobsite Inspection Photos 18 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Areas of unfilled or poorly filled nail holes.
Jobsite Inspection Photos 19 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Jobsite Inspection Photos 20 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Jobsite Inspection Photos 21 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Jobsite Inspection Photos 22 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Jobsite Inspection Photos 23 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Jobsite Inspection Photos 24 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain.
Jobsite Inspection Photos 25 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
There is remaining stucco debris from recent corrective work.
Jobsite Inspection Photos 26 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
There is remaining stucco debris from recent corrective work.
Jobsite Inspection Photos 27 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 12/6/2023 Inspection Time: 10:00AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
There is remaining stucco debris from recent corrective work.
Complainant: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
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: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 December 18, 2023
License No. ROC 206612
Re: Complaint No. 2023-12288
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 January 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: “Water intrusion into garage from incorrectly sloped concrete work;” Investigator’s Observations: Verified. This complaint item is specific to the overhead doors. The concrete recess below the overhead doors has a negative slope. The respondent stated this will be corrected. 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.
Complaint Item 2: “Master shower tile has numerous hollow spots. This includes one area that I will not walk on as I don't want my foot to get cut when the tile breaks;” Investigator’s Observations: Verified.
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 The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 3: “Visibly poor workmanship on baseboard installation. Corners not mitered, baseboards not lined up in numerous spots, excessive use of caulk in an attempt to hide the gaps.;” Investigator’s Observations: Verified. The following conditions are present throughout the house: • Base corner blocks not set consistently at 90 degrees • Heights not matching at corners • Excessive gaps filled with caulking • Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding. • Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding. • Areas of unfilled or poorly filled nail holes. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 4: “Driveway and expansion joints stained from paint and plaster debris.” Investigator’s Observations: Verified. Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint. There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain. 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.
Complaint Item 5: “Excess stucco strewn about the yard at the base of the home.” Investigator’s Observations: Verified. There is remaining stucco debris from recent corrective work. 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.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
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: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
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 18, 2024
License No. ROC 206612
Re: Complaint No. 2023-12288
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 February 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: “Water intrusion into garage from incorrectly sloped concrete work;” Investigator’s Observations: Verified. This complaint item is specific to the overhead doors. The concrete recess below the overhead doors has a negative slope. The respondent stated this will be corrected. 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.
Complaint Item 2: “Master shower tile has numerous hollow spots. This includes one area that I will not walk on as I don't want my foot to get cut when the tile breaks;” Investigator’s Observations: Verified.
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 The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 3: “Visibly poor workmanship on baseboard installation. Corners not mitered, baseboards not lined up in numerous spots, excessive use of caulk in an attempt to hide the gaps.;” Investigator’s Observations: Verified. The following conditions are present throughout the house: • Base corner blocks not set consistently at 90 degrees • Heights not matching at corners • Excessive gaps filled with caulking • Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding. • Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding. • Areas of unfilled or poorly filled nail holes. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...
Complaint Item 4: “Driveway and expansion joints stained from paint and plaster debris.” Investigator’s Observations: Verified. Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint. There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain. 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.
Complaint Item 5: “Excess stucco strewn about the yard at the base of the home.” Investigator’s Observations: Verified. There is remaining stucco debris from recent corrective work. 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.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 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: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 February 14, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12288
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Tuesday, March 5, 2024 at 10:30 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
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
C012 12/23 Complainant: Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-12288 Investigator: John Smith Inspection Date: Tuesday, March 5, 2024 Inspection Time: 10:30 AM
Complainant: Tyler Stevenson
Respondent: Richmond American Construction Inc
Compliance Jobsite Inspection
Present for the Complainant: Tyler Stevenson Present for the respondent: Lauren Hostetler, Reon Conway, John DeWitt Number of days from issuance of the Directive to this inspection: 78
Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…
Compliance Jobsite Inspection General Notes: This Compliance Inspection was to evaluate the current conditions of item(s) requiring corrective action as stated on the Directive. Those item(s) are listed below.
Complaint Item 1: “Water intrusion into garage from incorrectly sloped concrete work;” Investigator’s Observations from the initial inspection: Verified. This complaint item is specific to the overhead doors. The concrete recess below the overhead doors has a negative slope. The respondent stated this will be corrected. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.
Complaint Item 2: “Master shower tile has numerous hollow spots. This includes one area that I will not walk on as I don't want my foot to get cut when the tile breaks;” Investigator’s Observations from the initial inspection: Verified. The shower floor tile in the master shower has areas of flexing/deflection, indicating the tiles are not solidly bonded. Additionally, the amount of hollow sounding tiles is extensive. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.
Complaint Item 3: “Visibly poor workmanship on baseboard installation. Corners not mitered, baseboards not lined up in numerous spots, excessive use of caulk in an attempt to hide the gaps.;” Investigator’s Observations from the initial inspection: Verified. The following conditions are present throughout the house: • Base corner blocks not set consistently at 90 degrees • Heights not matching at corners • Excessive gaps filled with caulking 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 • Inconsistent recess o Most areas of base trim are recessed slightly from the surface of the casings, while others are protruding. • Inconsistent recess o Most areas of base trim are recessed from the surface of the corner blocks, while others are protruding. • Areas of unfilled or poorly filled nail holes. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been performed; however, the work is not complete and current conditions do not meet ROC Workmanship Standards. Some area have been started, but remain incomplete. Other areas have not been started. Recent work has caused excessively wide gaps between the floor tile and the base trim, up to 9/16 inch.
Complaint Item 4: “Driveway and expansion joints stained from paint and plaster debris.” Investigator’s Observations from the initial inspection: Verified. Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint. There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been performed.
Complaint Item 5: “Excess stucco strewn about the yard at the base of the home.” Investigator’s Observations from the initial inspection: Verified. There is remaining stucco debris from recent corrective work. Compliance Inspection Findings for this item: This has been corrected.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. 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 C013 12/23 Compliance Inspection Photos 1 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Corrective work related to base trim work started, not completed.
Corrective work has created an excessively wide gap between the tile and the base trim, up to 9/16 inch.
Compliance Inspection Photos 2 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Corrective work related to base trim work started, not completed.
Corrective work has created an excessively wide gap between the tile and the base trim, up to 9/16 inch.
Compliance Inspection Photos 3 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Compliance Inspection Photos 4 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Compliance Inspection Photos 5 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
• Base corner blocks not set consistently at 90 degrees
Compliance Inspection Photos 6 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Corrective work related to base trim work started, not completed.
Corrective work has created an excessively wide gap between the tile and the base trim, up to 9/16 inch.
Compliance Inspection Photos 7 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Corrective work related to base trim work started, not completed.
Corrective work has created an excessively wide gap between the tile and the base trim, up to 9/16 inch.
Compliance Inspection Photos 8 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Compliance Inspection Photos 9 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Compliance Inspection Photos 10 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
Concrete expansion joint material has an inconsistent finish. There are areas unfinished, areas covered with concrete residue, and areas covered with paint.
Compliance Inspection Photos 11 Complaint No.: 2023-12288 Investigator: John Smith #194 Inspection Date: 3/5/2024 Inspection Time: 10:30AM Jobsite address: 16145 N. High Rock Mesa Ct., Tucson, AZ 85739
There is paint overspray, and stains on the concrete, specifically, at least one bucket ring stain.
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Tyler G. Stevenson Case No. 2023-12288 COMPLAINANT, v. Richmond American Construction Inc CITATION License No. ROC 206612,
RESPONDENT.
The Registrar issues this Citation to Richmond American Construction Inc
(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by
March 21, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be
deemed an admission of the act or acts charged in the underlying complaint, and the Registrar
may then suspend or revoke Respondent’s license(s).
THE WRITTEN COMPLAINT
On October 24, 2023, Tyler G. Stevenson (“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.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).
FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-12288. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 March 21, 2024.
This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a
deadline ten days after service of the Citation. Service of the Citation and Complaint is
complete five days after the Registrar mails a copy of the Citation and Complaint to
Respondent’s latest address of record in the Registrar’s office.
Consequences for Failing to File a Written Answer: If Respondent fails to answer,
Respondent’s failure may be deemed an admission of the act or acts charged in the written
complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s
license(s).
THE ADMINISTRATIVE HEARING
If Respondent files a timely written answer contesting any charges in the Complaint,
then the Registrar will request the Office of Administrative Hearings set a date for an
administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.
§ 41-1092.05(D).
INVESTIGATOR’S APPEARANCE AS A WITNESS
The Registrar’s assigned investigator will appear as a witness at the hearing. If either
party demands the attendance at the hearing of any other person, that party must obtain and
serve a subpoena in compliance with the rules and processes established by the Office of
Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar. Dated March 6, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 6, 2024 to:
Respondent Certified Mail No: [number redacted]
Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254 Copy mailed by USPS First Class mail this same date to:
Richmond American Construction Inc 16427 N Scottsdale Rd Ste 175 Scottsdale, AZ 85254 Complainant Tyler G. Stevenson 16145 N High Rock Mesa Ct Tucson, AZ 85739 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. 2023-12288 / MTH
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 3/7/24, 9:20 AM State of Arizona Mail - Citation 2023-12288
Legal New Mail - AZROC <[email redacted]>
Citation 2023-12288 messages
Legal New Mail - AZROC <[email redacted]> Wed, Mar 6, 2024 at 1:00 PM Bcc: [email redacted], [email redacted], [email redacted]
Hello,
Attached please find an electronic courtesy copy of the Citation issued in this case. This document was also sent to your attention via US Mail.
Thank you,
Arizona Registrar of Contractors Legal Department
Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!
20240306 Citation MAILED 2023-12288.pdf
Rodriguez, Melissa <[email redacted]> Wed, Mar 6, 2024 at 2:49 PM To: Legal New Mail - AZROC <[email redacted]>
Good day,
Can you please resend this as we do not have access to the file.
Melissa Rodriguez Home Care Coordinating Manager RICHMOND AMERICAN HOMES 16427 N Scottsdale Rd Ste 300 Scottsdale, AZ 85254 Ph: 623.396.5937 ROC 206612
Sent from my Verizon, Samsung Galaxy smartphone. Please excuse any typos.
From: [email redacted] <[email redacted]> on behalf of Legal New Mail - AZROC <[email redacted]> Sent: Wednesday, March 6, 2024 1:00:00 PM Subject: Citation 2023-12288
This Message Is From an External Sender
https://mail.google.com/mail/b/AEoRXRQj6dh82iugYxnCB3W2aPY2XmMvr9-itQU5RvT73QAVZHRm/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 1/2 3/7/24, 9:20 AM State of Arizona Mail - Citation 2023-12288 This message came from outside your organization, use caution when downloading files or clicking on links
[Quoted text hidden]
https://mail.google.com/mail/b/AEoRXRQj6dh82iugYxnCB3W2aPY2XmMvr9-itQU5RvT73QAVZHRm/u/0/?ik=d3afebeda9&view=pt&search=all&perm… 2/2 Received 3/21/2024 ROC Legal
Richard L. Righi, (#014879) Chris H. Begeman (#024911) RIGHI FITCH LAW GROUP, P.L.L.C. 2999 N. 44th Street, Suite 215 Phoenix, AZ 85018 Telephone: (602) 385-6776 Facsimile: (602) 385-6777 [email redacted] [email redacted] Attorney(s) for Respondent Richmond American Construction, Inc. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Tyler G. Stevenson, Case No.: 2023-12288 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT vs. Richmond American Construction, Inc. License No. ROC 206612
Respondent. Richmond American Construction, Inc. (“Richmond American”), by and through undersigned counsel, hereby submits its written response to the Citation issued in Case No. 2023-12288 involving claims at the residence owned by Tyler G. Stevenson. Richmond American denies the allegations set forth in Charge 1 and Charge 2 of the Citation. After receiving the Corrective Work Directive, Richmond American diligently worked to schedule and complete repairs of the items included in the Directive. Richmond American has communicated and worked with Stevenson to determine dates and times for completion of work and, to the extent any work remains outstanding, has dates and times
Received 3/21/2024 ROC Legal
scheduled based upon availability of materials and trade partners and availability of Stevenson to provide access to complete any remaining items. Richmond American denies that the work performed by any of its trade partners did not meet the minimum workmanship standards or fell below the applicable standard of care or is a violation of A.R.S. §§ 32-1154(A)(3) or 32-1154(A)(22) as alleged in the Citation. In support of the denial, Richmond American anticipates soliciting and providing testimony from the trade partners that actually performed the alleged deficient work as well as an independent Arizona licensed general contractor that the work identified as allegedly non-compliant by the Registrar of Contractors Inspector in the Compliance Jobsite Notes was actually completed in a professional and workmanlike manner and complies with industry standards. Richmond American denies each and every allegation in Charge 1 and Charge 2 of the Citation and contends that all work, including all corrective work, was performed in a professional and workmanlike manner and complies with industry standards. Richmond American denies the commission of any act or acts that would, if proved, be cause for the suspension or revocation of Richmond American’s license under A.R.S. § 32-1154 and the rules adopted by the Registrar of Contractors. Richmond American worked diligently to complete the work and contends that the work was performed in a professional and workmanlike manner and complies with industry standards. Having responded to the Citation, Richmond American respectfully requests that no action be taken against Richmond American’s license, that the Citation be withdrawn and that the Complaint against Richmond American be dismissed. To the extent that the Citation is not withdrawn and/or the Complaint dismissed, Richmond American, having contested all claims and allegations, requests an administrative hearing. ....
Received 3/21/2024 ROC Legal
RESPECTFULLY SUBMITTED this 21st day of March, 2024. RIGHI FITCH LAW GROUP, P.L.L.C. By:_________________________________ Richard L. Righi Chris H. Begeman 2999 N. 44th Street, Suite 215 Phoenix, AZ 85018 Attorney(s) for Respondent Richmond American Construction, Inc. COPY of the foregoing e-mailed this 21st day of March, 2024 to:
Arizona Registrar of Contractors 1700 Washington Street, Suite 105 Phoenix, Arizona 85007 [email redacted]
John Smith, Investigator #194 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted]
Tyler G. Stevenson 16145 N. High Rock Mesa Ct. Tucson, AZ 85739 [email redacted] Complainant By: /s/ Shelly Gragg
Received 3/22/24, 8:08 AM State of Arizona Mail - Written Answer to Citation and Complain; Case No. 2023-12288; stevenson v. Richmond American Constru… 3/21/2024 ROC Legal
Answers - AZROC <[email redacted]>
Written Answer to Citation and Complain; Case No. 2023-12288; stevenson v. Richmond American Construction, Inc. License No. ROC 206612 message
Shelly Gragg <[email redacted]> Thu, Mar 21, 2024 at 3:17 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, Chris Begeman <[email redacted]>
Good afternoon,
Attached please find Respondent’s Written Answer to Citation and Complaint re Stevenson v. Richmond American Construction, Inc., License No. ROC 2066912.
Thank you,
an AV ® rated law firm*
Shelly Gragg
Legal Assistant
2999 N. 44th Street
Suite 215
Phoenix, AZ 85018
Phone (602) 385-6776
Fax (602) 385-6777
www.righilaw.com
CONFIDENTIALITY NOTICE: This email message is intended only for the person or entity to whom it is addressed and may contain confidential and/or otherwise privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, delete the original message and destroy all copies.
*Richard Righi and Elizabeth Fitch are AV® Preeminent ™ rated by Martindale-Hubbell. AV® Preeminent and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/2 Received 3/22/24, 8:08 AM State of Arizona Mail - Written Answer to Citation and Complain; Case No. 2023-12288; stevenson v. Richmond American Constru… 3/21/2024 ROC Legal Ratings reflect the anonymous opinions of members of the Bar and Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.
Richmond's Written Answer to Citation.pdf 455K
https://mail.google.com/mail/b/AEoRXRSfT2pl_l7QG8sJeriEjrnMDEiGQu5I1ILuxgtYYvXp6vw6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 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