2023A-13010-CHC-ROC Notice of Hearing & Packet MAILED

2023A-13010-CHC-ROC · Registrar of Contractors · 2024-07-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ronnie L Miertschin , Case No. 2023-13010

COMPLAINANT, Docket No. 2023A-13010-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Dickinson Enterprises LLC License No. ROC 336029, 327382 & 189166

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

August 21, 2024 1:00 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 June 13, 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(c) 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 July 16, 2024.

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

Copy mailed via USPS First Class mail July 16, 2024 to:

Respondent(s) Dickinson Enterprises LLC 10338 W Concho Cir Sun City, AZ 85373

Complainant(s) Ronnie L Miertschin 9946 W Concho Cir Sun City, AZ 85373

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. 2023-13010 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Ronnie L Miertschin 9946 W Concho Cir Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Dickinson Enterprises LLC DBA: 10338 W Concho Cir Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 29, 2024

Re: Complaint No. 2023-13010

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, March 21, 2024 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. 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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. 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 12/23 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.

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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Jobsite Inspection Notes

Case No.: 2023-13010 Investigator: Joey Chester Inspection Date: Thursday, March 21, 2024 Inspection Time: 10:00 AM

Complainant: Ronnie L Respondent: Dickinson Miertschin Enterprises LLC Not Present: Not Present:

Jobsite General Notes: JSI occurred on Thursday March 21st 2024 at 10:00am. Homeowner Ronnie Miertschin was present along Greg Pine a licensed masonry that the homeowner Ronnie wanted during the inspection also Mark from Dickerson Enterprises. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: Crooked, out-of-plumb, out-of-level masonry walls Investigator’s Observation: At the time of inspection areas of the wall were within tolerance of level but there were multiple blocks that had become loose and no longer laid level, respondent would need to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: Uneven surface of masonry walls Investigator’s Observation: Verified blocks that were pushed out of line of the wall and creating uneven surface, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: Voids in mortar joints Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item: Cracks in mortar joints (stair step) Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: Mortar joints not straight, plumb or varies in thickness. Investigator’s Observation: At time of inspection there were multiple areas that the mortar was both too thin and too thick, Respondent will need to fix by appropriate means per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: Metal reinforcement (rebar, duo-wire, etc.) Investigator’s Observation: At the time of inspection verified lack of rebar in multiple areas of block wall, respondent will need to fix by appropriate means per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (2), Departure from or disregard of: (a) plans or specifications or any building codes of the state or any political subdivision of the state in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint #2023-13010 P 1 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 2 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 3 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 4 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 5 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 6 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 7 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 8 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 9 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 10 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 11 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 12 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 13 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 14 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 15 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 16 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 17 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 18 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 19 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 20 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 21 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 22 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 23 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 24 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 25 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 26 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 27 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 28 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 29 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 30 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 31 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 32 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 33 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 34 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 35 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 36 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 37 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 38 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 39 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 40 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 41 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 42 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 43 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 44 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 45 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 46 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 47 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 48 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 49 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 50 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 51 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 52 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 53 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 54 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 55 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 56 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 57 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 58 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 59 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 60 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 61 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 62 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 63 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 64 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 65 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 66 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 67 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 68 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 69 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 70 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 71 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 72 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 73 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3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 117 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 118 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 119 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 120 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 121 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 122 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 123 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 124 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 125 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 126 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 127 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complaint #2023-13010 P 128 JSI date 3/21/2024 at 10:00 AM JSI PHOTOS Complainant: Ronnie L Miertschin 9946 W Concho Cir Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Dickinson Enterprises LLC DBA: 10338 W Concho Cir Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 24th, 2024

License No. ROC 336029

Re:Complaint No. 2023-13010

WRITTEN DIRECTIVE FROM THE REGISTRAR - Extended

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 Friday, June 7th, 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 reasons 1, 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: Crooked, out-of-plumb, out-of-level masonry walls Investigator’s Observation: At the time of inspection areas of the wall were within tolerance of level but there were multiple blocks that had become loose and no longer laid level, respondent would need to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 2: Uneven surface of masonry walls Investigator’s Observation: Verified blocks that were pushed out of line of the wall and creating uneven surface, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: Voids in mortar joints Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 4: Cracks in mortar joints (stair step) Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 5: Mortar joints not straight, plumb or varies in thickness. Investigator’s Observation: At time of inspection there were multiple areas that the mortar was both too thin and too thick, Respondent will need to fix by appropriate means per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 6: Metal reinforcement (rebar, duo-wire, etc.) Investigator’s Observation: At the time of inspection verified lack of rebar in multiple areas of block wall, respondent will need to fix by appropriate means per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (2), Departure from or disregard of: (a) plans or specifications or any building codes of the state or any political subdivision of the state in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent: N/A

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Ronnie L Miertschin 9946 W Concho Cir Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 28, 2024

License No. ROC 336029

Re:Complaint No. 2023-13010

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

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).

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

Sincerely,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ronnie L Miertschin Case No. 2023-13010 COMPLAINANT, v. Dickinson Enterprises LLC CITATION License No. ROC 336029, 327382 & 189166

RESPONDENT.

The Registrar issues this Citation to Dickinson Enterprises LLC (“Respondent”) under

A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 28, 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 November 10, 2023, Ronnie L Miertschin (“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(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All

work performed by a contractor in a county, city, or town that has not adopted

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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 building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. 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. 2023-13010. 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 June 28, 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 June 13, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 13, 2024 to:

Respondent Certified Mail No: [number redacted]

Dickinson Enterprises LLC 10338 W Concho Cir Sun City, AZ 85373 Copy mailed by USPS First Class mail this same date to:

Dickinson Enterprises LLC 10338 W Concho Cir Sun City, AZ 85373 Complainant Ronnie L Miertschin 9946 W Concho Cir Sun City, AZ 85373 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. 2023-13010 / 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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Ronnie L Miertschin Mailing Address (Enter jobsite in Contract/Project section) City State Zip

9946 W Concho Cir Sun City Arizona 85373 Phone Number Email

(602) 617-4148 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Dickinson Enterprises LLC ROC 336029 Street Address City State Zip

10338 W Concho Circle Sun City AZ 85373 Phone Number Email

602-2141138 [email redacted] Name of Person(s) Representing License

Mark Dickinson Contract/Project Information Contract Date Contract Amount Amount Paid

January 12, 2022 $28,115.00 $20,751.00 Date Work Started Date Work Stopped Date Work Was Completed

January 12, 2022 June 8, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

9946 West Concho Circle Sun City AZ 85373 Name of Construction Site Owner Construction Site Name (if applicable)

Ronnie L Miertschin Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by N/A Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Both This project was Residential This project involved Other Wall, iron gates, iron on golf course side, permits for wall / electrical (run through wall) A building permit was obtained by Contractor B202200816 Maricopa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 1. Crooked, out-of-plumb, out-of-level masonry walls. CR Contractor should make necessary repairs.; RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 2. Uneven surface of masonry walls. CR Contractor should make necessary repairs.; RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 3. Voids in mortar joints. CR Contractor should make necessary repairs.; RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 4. Cracks in mortar joints (stair step). CR Cracks 1/8" or more should be filled. If cracks exceed 1/8" or if crack extends across the block itself, a structural problem may exist. Contractor should determine cause of the crack and make appropriate repairs if necessary.; RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 8. Mortar joints not straight, plumb or varies in thickness. (Certain masonry products are designed to exhibit an rregular appearance and must be evaluated accordingly). CR Contractor should make necessary repairs.; RULE 4-9-108 WORKMANSHIP STANDARDS MASONRY CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 9. Metal reinforcement (rebar, duo-wire, etc.) not placed in masonry walls and fences as specified or as required by the building code. CR Contractor should reconstruct and provide proper reinforcement. The existing wall or fence material may be reused provided it is undamaged.; RULE 4-9-108 WORKMANSHIP STANDARDS PAINTING CR -- Contractor responsibility -- A statement of the corrective action needed to correct the deficiency or damage. 2. Painting required as corollary repair because of other work does not match surrounding paint. CR Contractor should refinish to match surrounding areas as closely as possible.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Ronnie L Miertschin \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Maricopa County Fence Detail Analysis 8”x8”x16” CMU Block Wall

DICKINSON ENTERPRISES LLC FENCE DETAIL SUBMITTED TO MARICOPA COUNTY FOR PERMIT B202200816 -- PAGE 1 MARICOPA COUNTY -- 8"x8"x16" CMU BLOCK WALL FENCE DETAIL(page1) 3 FOOT W/WROUGHT IRON (1) - Footer 12 inches deep (2) - Concrete footer 18 inch wide (3) - Horizontal rebar footer, two #4 rebar continuous through entire footer (4) - Vertical rebar every 32 inches through entire wall (5) - Vertical rebar every column

CONCHO CIR PICTURES -- Fence Footer -- 3 Foot Wall W/Wrought Iron (1) - Footer (vertical rebar) approximately 15 inches deep (1) - Footer (non vertical rebar) 8 inches deep (2) - Concrete footer15-16 inch wide (3) - Horizontal rebar footer, two #4 rebar continuous through entire footer (4) - Vertical rebar every 32 inches through entire wall (5) - Vertical rebar every column

DICKINSON ENTERPRISES LLC FENCE DETAIL SUBMITTED TO MARICOPA COUNTY FOR PERMIT B202200816 -- PAGE 2

MARICOPA COUNTY -- 8"x8"x16" CMU BLOCK WALL FENCE DETAIL(page 2) 6 FOOT (1) - Footer 20 inches deep - concrete footer 12 inch high - CMU block (8 inch high) above concrete footer, all below grade) (2) - CMU block (below grade) grouted solid (3) - Concrete footer 24 inch wide with rebar extending 18 of the 24 inches (4) - Horizontal rebar footer, two #4 rebar continuous through entire footer (5) - Vertical rebar every 32 inches through entire wall, alternating bends (6) - Top course horizontal rebar in continuous bond beam

CONCHO CIR PICTURES -- Fence Footer -- 6 Foot Wall (1) - Footer (vertical rebar) approximately 15 inches deep (1) - Footer (non vertical rebar) 6-8 inches deep (2) - No full blocks below grade or grouted solid (3) - Concrete footer 15-16 inches wide (4) - Horizontal Rebar footer, two #4 rebar continuous through entire footer (5) - Vertical rebar every 11-12 feet -- versus every 32 inches (6) - Top Course horizontal rebar -- none

1/1 MARICOPA COUNTY Home Register for an Account Login

Permit B202404584: Fences Record Status: Terminate

Record Info Payments

Work Location

9946 W CONCHO Cir SUN CITY AZ 85373

Permit Details

Applicant: Project Description: Mark Dickinson Starting from the back property line going towards the front property Dickinson Enterprises LLC line we will install 44 ft of 8x8x16 block with slump block on the 3rd 10338 West Concho Circle course. This will be consistent on both side of the property. The back Sun City, AZ, 85373 will have 2-3 ft gates. All of the 4 course wall will have 40 inch United States wrought iron installed with pickets. to be painted black Going Phone 1:[number redacted] forward after the 44 lin. ft of 4 course CMU we will raise height to 9 [email redacted] courses, the 8th course will be slump block, this will be 60 lin ft which will terminate at the gates on on each side with trex the total wall will be capped, the wall that is only 4 courses high (30-32 inches above grade) will have wrought iron with spindles to bring it to a height of appx 6 ft. There will be drainage blocks installed in every wall panel 3 blocks per, the blocks will be designed so that animals may not get thru. Perimeter wall footer dig footer 1x1x1 foot with 2 rows of #4 rebar, every 6ft we will have vertical support via #4 rebar. We will have the concrete for the footer brought in and disbursed using a concrete pumper. Once the pour is done we will level the footer and let cure Owner: MIERTSCHIN FAMILY TRUST 9946 W CONCHO CIR SUN CITY AZ 85373 United States Phone 1:[number redacted] [email redacted]

More Details Additional Information Construction Type: 649-All Other Buildings and Structures

Application Information GENERAL INFORMATION Fence Type: Fence-Building-Drainage

Parcel Information Parcel Number: Lot: 200-96-328 132 QUICKLINKS USING THIS SITE

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For technical assistance, submit a question through our online inquiry system. Final Statement Ronnie Bren 9946 W Concho Circle Sun City AZ 85373

Ronnie Bren 9946 W Concho Circle Sun City AZ 85373 lin. width/ht. sq. ft. $ fact $ 1) Install wall; Call 811/Blue Stake for clear Remove cacti in both corners and stone and debri's Cacti 800 remove footer dirt 294x1x1=294 cubic ft or 11 yds or 22000 lbs. 800 Build wall 6ft high 9 courses, using 4x8x16 CMU's back-filled and capped 120 6 720 10 7200 ft. on each side Build wall 4 courses high 48 ft. on each side and 80 ft in back using 4x8x16 CMU's 168 3 504 10 5040 install 2-5ft gates one on each side and a 6 ft. gate in back black iron with sealed wood slats 1800 Install 3.5 ft Black WI with spindles for a 2.67 ft x 7.75 ft from HD is 74.76 168 3.5 37 6216 Not including the spindles I imagine material cost being 18-20 a lin ft. Total $21,856.00 Possible adjustment to contract if Ronnie agrees; going back to the 8x8x16 Cmu, with split-faced going all way around, The split-faced would be the 8th course on the 6 foot wall, and the 3rd course on the 32 inch wall. Gate columns would match$2,300.00 adding Trex to the gates instead of wood $600.00 $24,756.00 To compare to the original quote, their is a savings of 844.00 however the additional 176 lin feet of slump block is cost alone 400.00

2) Install Pads; Extract a total of 510x.33=6.23 yds = 13,700 lbs debris/rock 1200 Cost for Concrete pads 4 inches thick with rebar 56 7.5 420 14 784 7.5 30 14 56 6.5 7.5 48.75 14 91 6 12 14 28 Total 510.75 $ 2,159.00

Contract value $26,915.00 Subtracting all costs having to do with the wrought iron; install 2-5ft gates one on each side and a 6 ft. gate in back black iron with sealed wood slats $ 1,800.00 Install 3.5 ft Black WI with spindles for a 2.67 ft x 7.75 ft from HD is 74.76 168 3.5 37 $ 6,216.00 adding Trex to the gates instead of wood $600.00 New contract value for wall and pad $18,299.00

Cost for painting the wall which was not in contract 120 6 720 2 1440 168 3 504 2 1008 Total cost for painting the wall which was not in contract $2,448.00 New contract value for (painted) wall and pad $20,747.00

Amount Paid by client $20,751.00

of 1 Received 6/26/2024 ROC Legal

Respondents’ arguments

Registrar of Contractors of the State of Arizona

Case No. 2023-13010

Dated June 13th 2024 Page 2 Filing a Written Answer

Respondent must appear by filing with the Registrar a written answer to the citation and complainant showing cause, if any, why Respondent’s license should not be suspended or revoked.

The complainant filed a licensed Complaint Form. On page two it asks… Has any work been corrected? No is the response. (See Exhibit One page 2) Dickinson Enterprises was not allowed on the property to correct the deficiency or damage that was claimed.

Contractor applied for building permit B202200816 receipt is attached as Exhibit Two

November 27, 2021 a letter was written to Ronnie Bren discussing the “Scope of work” .

Item #1 states “There will be Drainage blocks installed in every wall panel 3 blocks per, the blocks will be designed so that animals may not get thru, PREFERABLY English Style figure 8. (See Exhibit 3)

Ronnie Miertschin sent an email to Kimera Caswell on February 6, 2023. He inquires in item number 5 of his email to Ms. Caswell, “There is mention that decorative blocks are not permitted for required drainage openings. This is what the ROC required him to correct. Are decorative drainage blocks allowed? (See Exhibit Four)

Ms. Caswell, responded to his email dated February 6, 2023 “Decorative block is not approved for drainage holes.

Item 6 of Ms. Caswell’s email is that “I have included the fence detail that he supplied us. This is what he should have built. All he needs to do is resubmit.

Permit was resubmitted: B202200816 submitted to Maricopa County Online January 19, 2022

On January 17, 2022, Concrete Block was delivered and prepaid for by Dickinson Enterprises in the amount of $4,597.52 – product was delivered on January 27, 2022 Received 6/26/2024 ROC Legal

Miertschin also had concrete pours completed to extend driveways and property sidewalks that required Dickinson Enterprises to do excavation of and remove debris to the cost of $150. 00. This was paid for by Dickinson Enterprises.

The rebar and preparation for this concrete work was completed for the pour on January 25, 2022. The total cost of the concrete was $2,850.00. This work requires that the delivery of concrete is paid in cash at the time of the delivery by Dickinson Enterprises.

Mr. Miertschin is being rewarded with costs and materials that Dickinson Enterprises paid for in good faith.

The concrete block work was completed in accordance with masonry specifications, Exhibit Five walls were painted as a courtesy to homeowner, not in original contract, wrought iron was delivered and installed on golf course side. Gates were never installed because the owner did not like their designs.

I as an ROC Contractor was not allowed back to correct any deficiencies in my work that the owner claims to have.

The homeowner hired an unlicensed contractor to complete the work impersonating me using my ROC license

If an unlicensed contractor does work using a licensed contractor's ROC fraudulently in Arizona, the following statutes may apply12: • Arizona Revised Statute Section 32-1153 states that no unlicensed individual performing contracting work can "commence or maintain any action in any court of the state for collection of compensation for the performance of any act for which a license is required by this chapter without alleging and proving that the contracting party whose contract gives rise to the claim was a duly licensed contractor when the contract sued upon was entered into and when the alleged cause of action arose." • Aiding and abetting an unlicensed contractor in A.R.S. § 32-1154(A)(9) may also be a class 1 misdemeanor under R.S. § 32-1164(A)1.

Pictures of work completed with meta data to prove dates of work performed are available upon request of the court. Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/2024 ROC Legal Received 6/26/24, 8:08 AM State of Arizona Mail - Case number 2023-13010 6/26/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case number 2023-13010 message

Mark Dickinson <[email redacted]> Wed, Jun 26, 2024 at 7:24 AM To: [email redacted] Cc: Mark Dickinson <[email redacted]>

Respondent is filing a written answer to June 13th 2024 decision

attachments June13response.docx 18K all exhibits.pdf 7293K exhibit one.pdf 1797K exhibit two.pdf 1126K exhibit three.pdf 2074K exhibit four.pdf 928K Exhibit five.pdf 864K

https://mail.google.com/mail/b/AEoRXRRXSmi9Lzg70f0hcMCgzg0L2sQxsnDIqJeLwN39AROdZrYl/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 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