2023A-13465-CHC-ROC-RH Notice of Hearing & Packet MAILED

2023A-13465-CHC-ROC-RH · Registrar of Contractors · 2024-08-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Jay Carpenter , Case No. 2023-13465

COMPLAINANT, Docket No. 2023A-13465-CHC-ROC- RH v. NOTICE OF HEARING ON Mountain Roof Repair LLC CONTESTED CASE License No. ROC 319233,

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

HEARING INFORMATION The hearing is set for:

October 4, 2024 1:00 PM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on April 18, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated August 19, 2024.

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

Copy mailed via USPS First Class mail August 19, 2024 to:

Respondent(s) Mountain Roof Repair LLC 1282 Lone Pine Dam Rd. Show Low, AZ 85901

Respondent's Attorney Lawrence J. Felder, Esq. 3101 N Central Ave Ste. 850 Phoenix, AZ 85012 Complainant(s) Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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. 2023-13465 /

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

LEGAL RECEIVED 08/16/2024

Request for RE Hearing TO: [email redacted] FROM: ROC

DATE: August 14, 2024 INVESTIGATOR: Miles Crosby [email redacted] AG REQUIRED: ☐

1) Caption: Please indicate in the exact form how the caption should read.

Kevin Jay Carpenter , CASE NO: 2023-13465 DOCKET: 2023A-13465-CHC-ROC-RH

COMPLAINANT

Mountain Roof Repair LLC License No. ROC 319233,

RESPONDENT

COMPLAINANT'S ADDRESS Complainant's Counsel: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901 ,

Email [email redacted] Email

RESPONDENT'S ADDRESS Respondent's Counsel: Mountain Roof Repair LLC Lawrence J. Felder, Esq. 1282 Lone Pine Dam Rd. 3101 N Central Ave Ste 850 Show Low, AZ 85901 Phoenix, AZ 85012

Email [email redacted] Email [email redacted]

2) Check One: ☒ Contested case (agency action not taken, pending hearing). ☐ Appealable agency action (appeal from agency action). 3) Date regulated party requested hearing: Click or tap to enter a date. 4) Requested date and time of hearing: Click or tap to enter a date. At A.M. The requested date will be accommodated if practicable. The date MUST be within 60 days of the date a party requested a hearing in an appealable agency action, or within 60 days of this request for hearing in a contested case, UNLESS at least one of the following factors is true (check appropriate box). In the absence of a designated factor, the date will be chosen by OAH within the required 60 days. BY CHECKING A BOX, THE AGENCY IS CERTIFYING TO THE OAH THAT THE FACTOR IS TRUE.

Check One: ☐ ] All parties agree to a date beyond 60 days. ☐ OAH to set case for intervening prehearing within 60 days. 5) Approximate predicted length of hearing: 6) Approximate number of witnesses, if known: 7) Location: Choose an item. 8) Special Needs (interpreters; accommodations): 9) Consolidate with:

Lg128a 1/21 LEGAL RECEIVED 08/16/2024

Assigned PREHEARING (if applicable) Assigned DATE: TIME: -- and LOCATION:

Assigned HEARING Assigned ALJ: jenna clark 10/4 1:00 ¼ ½ 1 Assigned DATE: -- TIME: and LOCATION:

Mission Statement: We will contribute to the quality of life in the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation.

Lg128a 1/21 Request for RE Hearing TO: [email redacted] FROM: ROC

DATE: August 14, 2024 INVESTIGATOR: Miles Crosby [email redacted] AG REQUIRED: ☐

1) Caption: Please indicate in the exact form how the caption should read.

Kevin Jay Carpenter , CASE NO: 2023-13465 DOCKET: 2023A-13465-CHC-ROC-RH

COMPLAINANT

Mountain Roof Repair LLC License No. ROC 319233,

RESPONDENT

COMPLAINANT'S ADDRESS Complainant's Counsel: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901 ,

Email [email redacted] Email

RESPONDENT'S ADDRESS Respondent's Counsel: Mountain Roof Repair LLC Lawrence J. Felder, Esq. 1282 Lone Pine Dam Rd. 3101 N Central Ave Ste 850 Show Low, AZ 85901 Phoenix, AZ 85012

Email [email redacted] Email [email redacted]

Lg128a 1/21 Assigned PREHEARING (if applicable) Assigned DATE: TIME: -- and LOCATION:

Assigned HEARING Assigned ALJ: ¼ ½ 1 Assigned DATE: -- TIME: and LOCATION:

Mission Statement: We will contribute to the quality of life in the State of Arizona by fairly and impartially hearing the contested matters of our fellow citizens arising out of State regulation.

Lg128a 1/21 Jobsite Inspection Notes

Case No.: 2023-13465 Investigator: Miles Crosby Inspection Date: January 4, 2024 Inspection Time: 11:00 AM

Complainant: Kevin Carpenter Respondent: Mountain Roof Not Present: Repair LLC Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

The Complainant has expressed his concern that the owner or qualified party has not been on site to verify their employees work. It is not required but lack of supervision has created multiple issues that have been addressed multiple times with no resolution. The Respondent is responsible for their employees and have not billed the Complainant for rework. As the Respondent is not permitted to charge for rework due to not meeting standards, the major issue is inconvenience to the Complainant because of the extended time.

Overall, the Respondent has been diligently attempting to correct the issues.

Complaint Item: 1 - All of the hurricanes straps have been attached incorrectly. These straps have been placed deliberately to interfere with my ability to put drywall under this patio cover. The third builder as you can see in the photo with the far strap placed it higher up as it should be out of the way not placed all the way down the beam where it’s going to be exposed and interfere to finish the project. See photo and example of correct application. Investigator’s Observation: The Hurricane Ties were not installed correctly

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

and do not meet the manufactures installation recommendations. There was no evidence to suggest this was done intentionally. Governing Rule: 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.

Complaint Item: 2 - The second post from the north side is almost an inch offset inward from the other four posts at the bottom plate and attaching to two load bearing beams that are also nearly an inch offset, orange string shows offset, See photo. Investigator’s Observation: The posts and beams alignment is not within tolerance. Governing Rule: 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.

Complaint Item: 3 - During the last construction of the south east for the fifth time, they tried to line it up which pushed in one of the rafters exposing a 3 inch difference between the eaves and the inner rafter proving the patio itself is out of square. Investigator’s Observation: Complainant demonstrated the deck supports and rafters were not square. Governing Rule: 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.

Complaint Item: 4 - The eve that was rebuilt a number of times starts at 27 inches at one end and ends at 26 1/2 inches at the other end. Investigator’s Observation: The original complaint was about the visual alignment of the eve connection to the residence. The eve is visually aligned and meets code. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 5 - Multiple right triangles have been done on the rafters using 6-8-10, numerous are not square going back almost center of patio cover. Investigator’s Observation: This is redundant of item #3. Governing Rule:

Complaint Item: 6 - The north and south posts are not even and placed on the inside and outside of the centered footers creating a large gap at the end of the sound end of the deck. Investigator’s Observation: Although the post may not be identically placed, the Complainant did not provide any plan details to determine whether or not the post is incorrectly placed. Governing Rule:

Complaint Item: 7 - The south and north eves attachments to the patio cover are not the same. Investigator’s Observation: Meets standards. Governing Rule:

Complaint Item: 8 - Bridges were not evenly spaced across entire build. Investigator’s Observation: This item meets standards. Governing Rule:

Complaint Item: 9 - Already you can you can see the damages that are being left behind from the numerous reconstructions of the south eve. More construction will also have to be done to make corrections leaving more damaged wood. Even if Mountain roof repair can put this patio square correctly, it will leave me a mess to deal with thereafter. This is the most unprofessional work I have seen to date. Investigator’s Observation: Nail holes and screw holes are permitting within the code. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Kevin Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

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

License No. ROC 319233

Re:Complaint No. 2023-13465

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 17, 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:

Violations Not Alleged By Complainant, but Subsequently Discovered and Substantiated

Compliance Item: 1 - Contractor built the roof patio extension without permits. Investigator’s Observation: Permits for this project were not obtained as required by the Navajo County Building Department. Prior to any work beginning all applicable permits shall be obtained. Unpermitted work shall be inspected by the local building inspector and any building code deficiencies identified or code violations caused by the Respondent shall be corrected. All required inspections shall be scheduled and passed. Completed project must comply with original contract

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 agreement, properly executed change orders, local building codes, and manufactures installation instructions. Governing Rule: §32-1154. Grounds for suspension or revocation of license; continuing jurisdiction; civil penalty; recovery fund award A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 2. Departure from or disregard of 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. 3. Violation of any rule adopted by the registrar. RULE 4-9-108 WORKMANSHIP STANDARDS A. A contractor shall perform all work in a professional manner. B. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: - Investigator’s Observation: Governing Rule:

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

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

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: Kevin Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-13465 Investigator: Miles Crosby Inspection Date: January 23, 2024 Inspection Time: 09:00 AM

Compliance Jobsite General Notes:

CJSI photos taken with my Google Pixel 3a work phone CJSI audio recorded with my Olympus DM-720 CJSI photos and audio have been placed into the Salesforce Case folder.

On January 9, 2024 written directive was issued, setting a compliance deadline for January 27, 2024.

A new Written Directive will be issued with the following Compliance item(s).

Violations Not Alleged By Complainant, but Subsequently Discovered and Substantiated

-Contractor built the roof patio extension without permits.

Investigator’s Observation: Permits for this project were not obtained as required by the Navajo County Building Department. Prior to any work beginning all applicable permits shall be obtained. Unpermitted work shall be inspected by the local building inspector and any building code deficiencies identified or code violations caused by the Respondent shall be corrected. All required inspections shall be scheduled and passed. Completed project must comply with original contract agreement, properly executed change orders, local building codes, and manufactures installation instructions.

Governing Rule: §32-1154. Grounds for suspension or revocation of license; continuing jurisdiction; civil penalty; recovery fund award A. The holder of a license or any person listed on a license pursuant to this chapter shall not commit any of the following acts or omissions: 2. Departure from or disregard of 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. 3. Violation of any rule adopted by the registrar. RULE 4-9-108 WORKMANSHIP STANDARDS

A. A contractor shall perform all work in a professional manner.

B. A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Compliance Findings:

At the time of inspection all the compliance items, not meeting standards, listed on the written direct were complied with or demonstrated to meet minimum standards. However through the course of my investigation it was determined that no permit or build plans were provided to the Complainant. State law requires a Contract Not proceed with work without a permit and subsequent inspections.

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,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Kevin Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

Compliance Jobsite General Notes:

CJSI photos taken with my Google Pixel 3a work phone CJSI audio recorded with my Olympus DM-720 CJSI photos and audio have been placed into the Salesforce Case folder.

On January 9, 2024 written directive was issued, setting a compliance deadline for January 27, 2024.

An additional Written Directive was issued with the following Compliance item(s). Violations Not Alleged By Complainant, but Subsequently Discovered and Substantiated-Contractor built the roof patio extension without permits.

All previous items from the January 9th Written Directive were complied with and/or demonstrated to meet minimum standards.

Compliance Findings:

At the time of inspection all the compliance items, not meeting standards, listed on the written direct were complied with or demonstrated to meet minimum standards. However through the course of my investigation it was determined that no permit or build plans were provided to the Complainant. State law requires a Contractor Not proceed with work without a permit and subsequent inspections.

After the additional Written Directive was issued, the Respondent provided the signed contract which was entered into case file. The contract states: Note: If permits are required, they will need to be provided by owner. The Complainant may obtain the permit and have the build inspected. It would be reasonable that if there are any items of construction, within the scope of work, that do not pass inspection, the Respondent would be responsible for those items to be brought up to code. If at that time there is still unresolved issues between the parties, the Complainant may request for the complaint to be reopened. The request will be evaluated at that point, if needed.

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.

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Complainant: Kevin Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 Respondent: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 February 2, 2024

Re: Complaint No: 2023-13465 Filed by Kevin Carpenter against Mountain Roof Repair LLC Please be advised that we are closing this complaint pursuant to:

Respondent provided the signed contract which requires the Customer (Complainant) obtain the permit. The Complainant may obtain the permit and have the build inspected. It would be reasonable that if there are any items of construction, within the scope of work, that do not pass inspection, the Respondent would be responsible for those items to be brought up to code. If at that time there is still unresolved issues between the parties, the Complainant may request for the complaint to be reopened. The request will be evaluated at that point, if needed.

If you have further questions, please feel free to contact me.

Sincerely, Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 Navajo County Planning & Zoning P.O. Box 668 Holbrook AZ 86025

April 1, 2024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C015 08/19 Navajo County Planning & Zoning P.O. Box 668 Holbrook AZ 86025

Dear Building Official:

We have reason to believe that required building permit(s) were not obtained for a construction project located at: Kevin Carpenter 7944 Marken Ranch Road Show Low AZ 85901

If you have any questions, please contact me.

Sincerely,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Visit our website at: www.azroc.gov Page 2 of 2 Complainant: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 April 9, 2024

Re: Complaint No. 2023-13465

Dear Complainant and Respondent:

After the initial filing of the complaint 2023-13465, the Complainant filed complaint 2024- 03818 containing additional complaint items.

A jobsite inspection is scheduled at 11:00 AM on April 16, 2024. 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended 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 C007 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,

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: Respondent Complainant Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Complainant: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 April 9, 2024

Re: Complaint No: 2024-03818 Filed by Kevin Jay Carpenter against Mountain Roof Repair LLC Please be advised that we are closing this complaint pursuant to:

This complaint being directly related to the currently open complaint 2023-13465. This compliant will be added as an Addendum to complaint 2023-13465 and the subsequent Addendum Job Site Inspection Notice will be sent out

If you have further questions, please feel free to contact me.

Sincerely, Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Complainant Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C018 4/21 Complaint #2023-13465 P 1 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS Complaint #2023-13465 P 2 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS Complaint #2023-13465 P 3 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS

14’2”~ 43’ 7”~ 39’ 8 ¾”~ Complaint #2023-13465 P 4 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS

14’ 2” Approx Complaint #2023-13465 P 5 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS

39’ 8 ¾” Approx Complaint #2023-13465 P 6 Addendum JSI date April 16, 2024 at 11:00 AM AJSI PHOTOS

43’ 7” Approx Addendum Jobsite Inspection Notes

Case No.: 2023-13465 Investigator: Miles Crosby Inspection Date: Tuesday, April 16, 2024 Inspection Time: 11:00 AM

Complainant: Kevin Jay Respondent: Mountain Roof Carpenter Repair LLC Not Present: Not Present:

Addendum Jobsite General Notes: AJSI photos taken with my Google Pixel 3a work phone AJSI audio recorded with my Olympus DM-720 AJSI photos and audio have been placed into the Salesforce Case folder.

Overall, the Respondent failed to obtain a permit or ensure a permit was in place prior to working. The existing structure does not meet standards or code in multiple areas as noted below from the previous inspections. The issue remains that the Complainant has not been provided the necessary permit(s) and the in-progress work would need correction by appropriate means to meet code or standards.

At the inspection today, 4/16/2024, the Complainant and Respondent were both present. The Complainant observed me verifying the measurements with the Respondents help as he was unwilling to assist. At this moment, the work is still in progress and the Complainant is correct in his assessment that the dimension contracted are different the sketch provided and his understanding of what he would receive from the Respondents finished work. The dimensions have noted in the items and as it stands now, the Respondent has failed to obtain a permit or resolve the matter with the Complainant. It should be noted, that on 4/5/2024, the Respondent attempted to cure the matter by refund and removal of the materials. I reviewed the Addendum items with both parties and the Complainant advised he has not been billed for the entirety of the contract as listed in the Addendum item #2. The Respondent took this opportunity to inquire about a resolution and stated they would refund the money and take down the existing structure or complete the project. The Complainant advised that he wanted to “see where this goes.” He then asked if I had what I needed and I advised I did and he concluded the inspection by stating we were done and left.

To my knowledge there has been no resolution accepted or met. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

On 4/2/2024 the Complainant filed an additional complaint to the existing one regarding the dimensions of the porch covering. Ref ROC #2024-03818. The Complaint consisted of the following five items that have been added to this complaint, as Addendum item due to it being within the same scope of work, concerning the same Respondent and elements of the contract. This decision was discussed and approved by A.C. Philpott. 2024-03818 was closed on 4/9/2024.

The complaint items for this Addendum are still in direct correlation with the original complaint items and require a permit be in place. In addition to these items, the Complainant provided an engineering report from Core Structure Group, LLC, dated 3/18/2024. The Engineer is an AZ State Certified Engineer and the report has been added to this case and reviewed.

This report was obtained by the Complainant due to the Respondent proceeding without a permit from the Navajo County Building Department and substantial work being completed that needs inspection. It was within the contract for the Complainant to obtain the permit but is ultimately the Respondents obligation to ensure the proper legalities are in place prior to any construction. This was noted in the Written Directive issued on 2/1/2024. From here the Complainant and Respondent disputed over the obtaining of the permit and none was obtained.

The original JSI notes and subsequent JSI notes, outline the deficiencies and violations with the Written Directive requiring a permit be in place prior to work. The Complainant advised no permit could be obtained due to the in progress work. When he spoke to the Navajo County Building Department he was advised this based on the information he gave them. On 4/9/2024 I spoke to Michael “Mischa” Larisch, CFM PW Deputy Director Planning and Development. Mischa contacted me after received the 20240401 C015 Notice to Building Official letter from me. I explained to Mischa the issue created by the Respondent proceeding without a permit and was able to clarify that a permit could be issued but the existing structure would need to be inspected to see if substantial progress was past their ability to inspect or not. If too much work had been done, then the work would have to be restarted or signed off by an engineer. This effort was made in order to assist the Complainant in obtaining the permit even if an inspection would not be done due to the existing work.

In conclusion, the much of the work is in-progress, some of the work as noted below does not meet code or standards and the appropriate documentation is not in place and all should have been corrected by appropriate means. The ROC cannot require the Owner or Qualified Party to be present during the work process even if it is the Respondents best interests. If a Respondent entrusts an employee who fails to do the work to standards or code, it is at their risk to do so.

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

Compliance Item: 1 - Contract was for 42'x16' patio cover. End result was 41'.6"x14'. Investigator’s Observation: Currently the porch cover has not been completed and the measurements are as noted on the Addendum Job Site Inspection Photos. The depth is 14'2"~ and the length is 39'8 3/4"~ for the Rafter support beam and 43'7"~ liner feet eave to eave. The Respondent advised the eaves were not part of the original contract and was added by the Complainant. There is no written change order for addition of eaves. Governing Rule:

Compliance Item: 2 - Contractor billed for 16' but only build 14 Investigator’s Observation: Ultimately this is a statement and not an allegation that implicates poor work that I can inspect and report on. However, I did inquire regarding the statement over the issue of the Respondent "billing" the Complainant for this item. On the Addendum Complaint, the amount of the contract is $11,459.00 and the amount paid is $5,729.50. The Complainant advised that when he stated "billed" he was referencing the contract amount and not what he has been billed. The Respondent also advised that the Complainant has not been "billed" for the remaining balance, as they have not completed the project. Governing Rule:

Compliance Item: 3 - That is 83'sqft not provided charged by contract. Investigator’s Observation: The contract and drawings differ. The contract states 42'x16' but once the Respondent was able to apply the dimension to the project the sketch was altered. It is unknown what discussion occurred but it would be reasonable to conclude that since the Complainant is providing the documents, that the sketch was accepted, unless other documents are produced showing objection. As this remains an unknown, it would either be a financial dispute or in progress work. Governing Rule:

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

Compliance Item: 4 - Drawings provided by Calvert Shumway of Mountain Roof Repair. Investigator’s Observation: Same as Addendum Item #3. The contract and drawings differ. The contract states 42'x16' but once the Respondent was able to apply the dimension to the project the sketch was altered. It is unknown what discussion occurred but it would be reasonable to conclude that since the Complainant is providing the documents, that the sketch was accepted, unless other documents are produced showing objection. As this remains an unknown, it would either be a financial dispute or in progress work. Governing Rule:

Compliance Item: 5 - Contract billed for a 42'x16' patio cover. Currently built is 41'.6"x14' patio cover. Investigator’s Observation: Redundant to the previous. Governing Rule:

ORIGINAL COMPLAINT ITEMS: Complaint Item: 1 - All of the hurricanes straps have been attached incorrectly. These straps have been placed deliberately to interfere with my ability to put drywall under this patio cover. The third builder as you can see in the photo with the far strap placed it higher up as it should be out of the way not placed all the way down the beam where it’s going to be exposed and interfere to finish the project. See photo and example of correct application. Investigator’s Observation: The Hurricane Ties were not installed correctly and do not meet the manufactures installation recommendations. There was no evidence to suggest this was done intentionally. Governing Rule: 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.

Complaint Item: 7 - The south and north eves attachments to the patio cover are not the same. Investigator’s Observation: Meets standards. Governing Rule:

Complaint Item: 8 - Bridges were not evenly spaced across entire build. Investigator’s Observation: This item meets standards. Governing Rule:

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

Investigator’s Observation: Nail holes and screw holes are permitting within the code. Governing Rule:

Miles Crosby Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Jay Carpenter, Case No. 2023-13465 COMPLAINANT, v. Mountain Roof Repair LLC, CITATION License No. ROC 319233, RESPONDENT.

The Registrar issues this Citation to Mountain Roof Repair LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 3, 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 25, 2023, Kevin Jay Carpenter (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge: 1 A.R.S. § 32-1154(A)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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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)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge: 3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13465. 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 May 3, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A).

The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated April 18, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 18, 2024 to: Respondent Certified Mail No: [number redacted] Mountain Roof Repair LLC 1282 Lone Dam Road Show Low, AZ 85901 Copy mailed by USPS First Class mail this same date to: Respondent Mountain Roof Repair LLC 1282 Lone Dam Road Show Low, AZ 85901

Complainant Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901 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. 2023-13465

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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)

Kevin jay Carpenter Mailing Address (Enter jobsite in Contract/Project section) City State Zip

7944 Marken Ranch Road Show Low Arizona 85901 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Mountain Roof Repair LLC ROC 319233 Street Address City State Zip

1282 Lone Dam Road Show Low AZ 85901 Phone Number Email

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

Kevin Young;Calvert Shumway Contract/Project Information Contract Date Contract Amount Amount Paid

August 9, 2023 $11,459.00 $5,729.50 Date Work Started Date Work Stopped Date Work Was Completed

September 13, 2023 November 20, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

7944 Marken Ranch Road Show Low AZ 85901 Name of Construction Site Owner Construction Site Name (if applicable)

Kevin J Carpenter 8923C 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 Phone/Text;Email 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 N/A This project was Residential This project involved Other Patio cover addition A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

On November 17, 2023 ROC Miles Crosbey arrived for the BCP inspection, no one from Mountain Roof repair arrived on that occasion. With homeowner present Miles noted the main patio cover construction rafters at the south end of patio cover were out of square using the 3-4-5 rule by 1 inch at 4 feet. Total length of Patio rafters are 16 feet making the total offset near 4". Unknown where the offset started. The south eave was also not aligned with house eave at the time. Builder from Mountain Roof Repair contacted Miles about findings on Nov 20 during renovation of south eave. ROC Miles contacted Kevin Younge (owner of Mountain Roof Repair) after BCP in a phone call of the deficiencies that were found. The north and south eaves were initially added to the 42x16 foot patio cover on Sept 25. Since that time, four more attempts by the builder was attempted to align the south eave with the house facia eave but without success because of rafter offset and warped wood. On November 22, the south eave was again completely removed and rebuilt. Once the eave was aligned with the house roof eave, the attaching rafter was not square with the rest of the rafters as ROC Miles had pointed out in the original construction of the 42x16 foot patio cover inspection. To finish attaching the south eave, a portion of the OSB of the roof had to be cut back. This was around 3-4 inches near the outer facia, ending at 0 inches at the house attachment. The south and north eave match. However, two rafters at the south eave taper towards one another as they start at 24 inches on center, down to 21 inches on center at the facia. . It is unknown how far the offset in the rafters continues. No metal has been placed on the patio cover. Homeowner noted in the early stages of the build that several 6x6 posts were not plumb, this issue was attended to. Homeowner also noted a load bearing 6x6 had a large crack and numerous knots through the post, this post was also replaced. Homeowner repeatedly had to identify faults in craftsmanship that was trying to be approved my owners that were not correct. Homeowner was present for 5th repair with the eave rebuild to make sure the eave was at correct pitch and was aligned with house eave because there has been no oversight of work during or after contraction by contractor.

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

Kevin jay Carpenter \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Loading... Property Owner: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 Contractor: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 October 30, 2023

BUILDING CONFIDENCE PROGRAM Re: No. 2023-12003

Dear Property Owner and Contractor:

The investigator has scheduled an inspection at the worksite on November 15, 2023 at 11:00 AM. If you need to reschedule the inspection, please give your investigator at least a hour notice to cancel or reschedule this visit.

Here are some things you should know about the Registrar of Contractors Building Confidence Program:  An ROC investigator will conduct an informal inspection to address concerns with the quality of workmanship.  The property owner is responsible for providing safe access.  The inspection results will be provided to the property owner and contractor in writing within five days after the date of the inspection.

Any items that do not meet workmanship standards should be resolved by the contractor or it may be necessary for the property owner to file a formal complaint. Information and the complaint form are available at our website roc.az.gov or you may contact any of our offices.

Sincerely, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Mountain Roof Repair LLC

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Property Owner’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Contractor’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 Property Owner: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 Contractor: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 October 30, 2023

BUILDING CONFIDENCE PROGRAM Re: No. 2023-12003

Dear Property Owner and Contractor:

Sincerely, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Mountain Roof Repair LLC

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Property Owner’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Contractor’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 Received 4/30/2024 ROC Legal

Mountain Roof Repairs, LLC Written Answer to Citation & Complaint Case No. 2023-13465

#1. As per the November 17, 2023 meeting, Both Calvert Shumway and Kevin Young attended the meeting scheduled for November 15 , 2023 at 11am, When the time passed, I Kevin Young contacted Miles Crosbey and found out that he thought he had canceled our meeting, and attended the wrong meeting out of town.

Miles rescheduled the meeting for November 17, 2023 and both Calvert and I were out of town and could not attend the new meeting. I did contact Mile and reviewed the meeting with him over the phone and we went back out and made all the corrections per the directive.

When we contracted with Kevin Carpenter, this was an owner-builder with no permits or drawings. Kevin Carpenter did all the demo work before we were contacted to give a bid for the rebuild.

Kevin told Calvert that we would not need a drawing or permits because it was preexisting and was a remove and go back. I specifically included in my bid that if permits were required, the owner would have to provide the permit.

Kevin directed Calvert as to what he wanted and we built the porch as per Kevin Carpenters directions.

The porch was originally built square and did not lineup with the eaves of the house as the house is out of square. Kevin directed us to redo the eaves of the porch to line them up with the eaves of the house and we did that at no extra charge. He then said the south end of the patio rafters were off and as I stated the patio cover was originally sq and now is out of sq to match the existing house fascia.

As per the last note from Kevin Carpenters complaint “Homeowner was present for the 5th repair with the eave rebuild to make sure the eave was at correct pitch and was aligned with the house eave because there has been no oversight of work during or after contraction by contractor.”

As per Kevin Carpenter’s own written report, he was there and made sure the work was done as per his direction and expectations.

Both Calvert and I have been on site several times and as per Kevin Carpenter’s written complaint, we have made several attempts to satisfy Kevin’s complaints

Received 4/30/2024 ROC Legal to no avail. We will continue to do whatever we need to rectify the situation and finish the work.

We have offered Kevin a full refund of all the money he has paid to date and to remove the work performed, putting him back at the beginning with no loss on his end, and he has refused our offer, Miles Crosbey was present when we made the offer.

As per the engineer’s report provided by Kevin Carpenter, everything listed on the report can be corrected once the permits are issued and as per our contract with Kevin Carpenter, he will need to provide the permits so we can move forward if he doesn’t want to have us refund his money and remove the work we performed.

We would also be willing to refund Kevin Carpenter’s money and leave the work as is if he would prefer.

Thank you,

Kevin Young, Owner

1282 Lone Pine Dam Rd Show Low, AZ 85901 E-Mail: [email redacted] Phone: 928-358-7525 Received 5/1/24, 8:11 AM State of Arizona Mail - Case No. 2023-13465 4/30/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2023-13465 message

Kevin Young <[email redacted]> Tue, Apr 30, 2024 at 4:28 PM To: [email redacted], calvert shumway <[email redacted]>

To whom it may concern, Attached is the response to Case No. 2023-13465

Please let me know if you have any questions or if you need any additional information from me.

Thank you,

Kevin Young, Owner 928-358-7525

Mountain Roof Repairs, LLC KB-1 #319233

Written Answer to Citation & Complaint Case N. 2023-13465.pdf 78K

https://mail.google.com/mail/b/AEoRXRQF8Ljiw74RmsadoHSNlFPGUwzFMj5da-ASsCdv7X-22rZv/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 LEGAL RECEIVED 06/05/2024

Resolvere Law PLLC Lawrence J. Felder, Esq. # 019763 3101 N. Central Ave., Suite 850 Phoenix, Arizona 85012 Telephone: 480-725-9135 [email redacted] [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA KEVIN JAY CARPENTER, ) Case No. 2023-13465 ) COMPLAINANT, ) Docket No. 2023A-13465-CHC-ROC ) v. ) MOUNTAIN ROOF REPAIR, L.L.C., ) NOTICE OF APPEARANCE ) LICENSE NO. ROC 319233. ) ) RESPONDENT. ) ) Lawrence J. Felder, Esquire of Resolvere Law, P.L.L.C. hereby makes his appearance

for Respondent Mountain Roof Repair, L.L.C. in this matter. DATED: June 5, 2024 RESOLVERE LAW PLLC

_ /s/ Lawrence J. Felder___________ Lawrence J. Felder, Esq. #019763 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Attorney for Respondent LEGAL RECEIVED 06/05/2024

ORIGINAL of the foregoing electronically submitted via AZOAH portal June 5, 2024, to: https://portal.azoah.com/submission/ COPY of the foregoing sent via AZOAH portal and/or email June 5, 2024, to: [email redacted] Arizona Registrar of Contractors Miles Crosby, Inspector, Arizona Registrar of Contractors [email redacted] Kevin Jay Carpenter [email redacted] By: /s/ Lawrence J. Felder 6/5/24, 2:39 PM State of Arizona Mail - Submission received for docket number 2023A-13465-CHC-ROC LEGAL RECEIVED 06/05/2024

Legal New Mail - AZROC <[email redacted]>

Submission received for docket number 2023A-13465-CHC-ROC messages

OAH Electronic Submission System <[email redacted]> Wed, Jun 5, 2024 at 11:52 AM To: [email redacted]

This is a message from the Arizona Office of Administrative Hearings to inform you that a submission has been received for 2023A-13465-CHC-ROC.

The details are as follows:

Submission ID: 078135 Submission type: Other Docket number: 2023A-13465-CHC-ROC Hearing date: 07/03/2024 Filed by: Lawrence J. Felder ([email redacted]) (480-725-9135) Mailing address: Resolvere Law. PLLC 3101 North Central Avenue Suite 850 Phoenix, Arizona 85012 Filed on: 6/5/2024 Sent to: Administrative Law Judge Copies e-mailed to: [email redacted] [email redacted] [email redacted] [email redacted]

Filing party will also notify: (none)

-------------------------- Notice of Appearance for Respondent --------------------------

The following files were included with the submission: 2024-06-05 NOA.pdf

If any files were included with the submission, they should be attached to this e-mail. In the event that a file seems to be missing, please contact the Office of Administrative Hearings.

Thank you for using the OAH Electronic Submission System.

2024-06-05 NOA.pdf 40K

OAH Electronic Submission System <[email redacted]> Wed, Jun 5, 2024 at 11:58 AM To: [email redacted]

This is a message from the Arizona Office of Administrative Hearings to inform you that a submission has been received for 2023A-13465-CHC-ROC.

The details are as follows:

Submission ID: 078136

https://mail.google.com/mail/b/AEoRXRT4b_dyWdngWfNf0BssubqGtEZvtQOfwYmfgap1v6kh5wGn/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/2 6/5/24, 2:39 PM State of Arizona Mail - Submission received for docket number 2023A-13465-CHC-ROC LEGAL RECEIVED 06/05/2024 Submission type: Other Docket number: 2023A-13465-CHC-ROC Hearing date: 07/03/2024 Filed by: Lawrence J. Felder ([email redacted]) (480-725-9135) Mailing address: Resolvere Law, PLLC 3101 North Central Avenue Suite 850 Phoenix, Arizona 85012 Filed on: 6/5/2024 Sent to: Administrative Law Judge Copies e-mailed to: [email redacted] [email redacted] [email redacted] [email redacted]

Filing party will also notify: (none)

-------------------------- Request for Informal Settlement Conference --------------------------

The following files were included with the submission: (none) [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRT4b_dyWdngWfNf0BssubqGtEZvtQOfwYmfgap1v6kh5wGn/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Jay Carpenter , Case No. 2023-13465

COMPLAINANT, v. Mountain Roof Repair LLC , NOTICE OF INFORMAL License No. ROC 319233, SETTLEMENT CONFERENCE

RESPONDENT.

On June 5, 2024 Mountain Roof Repair LLC requested an informal settlement conference

with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that conference

for:

DATE & TIME: June 17, 2024 at 10:00 AM TELECONFERENCE Meeting ID INFORMATION: meet.google.com/pru-ffji-obg Phone Numbers +1 631-623-0995 PIN: 479 821 057# While Complainant is not required to attend the Settlement Conference, their participation is strongly encouraged. The Registrar will not close or settle this Complaint without both parties’ involvement. Statements, either written or oral, made 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). WAIVER: The parties must waive their right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. A.R.S.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 § 41-1092.06(B). A waiver is attached; each party should bring a signed copy to the settlement conference. CONDUCTING THE SETTLEMENT CONFERENCE The Registrar's settlement conference representative will not convene a settlement

conference unless all parties are represented by a person who has authority to agree upon terms and conditions of settlement without consultation with persons or entities not present. The Registrar's representative will decide how a session proceeds, when to hold joint meetings (with consent of the participants), and when to meet separately with the parties and their

counsel. The parties attending the settlement conference must be prepared to discuss settlement options. Before the settlement conference, each party should consider under what conditions it would settle. To the extent either party desires a financial settlement, the parties should obtain

estimates or other information to facilitate settlement. The Registrar's representative acts as an impartial and neutral mediator and will not render legal advice to, or represent, any of the parties. The Registrar's representative may, as deemed appropriate, provide evaluative comments regarding issues and merits of this dispute. The

Registrar's representative will encourage disclosure of information between the parties and will

assist the parties in considering the benefits, risks, and alternatives available to them.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 SETTLEMENT Unless the parties reach a mutual agreement, the settlement conference will conclude without a settlement. Should the parties reach agreement during the settlement conference, the Registrar's representative may offer a summary of the agreement to the parties for their joint

approval, but will not assist the parties in documenting the agreement. After the settlement conference ends, the parties should document their agreement and notify the Registrar. If a Notice of Hearing has been issued, the parties must also notify the assigned Administrative Law Judge at the Office of Administrative Hearings.

Dated June 7, 2024.

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

COPY mailed via USPS First Class mail June 7, 2024 to:

Respondent Mountain Roof Repair LLC 1282 Lone Pine Dam Rd. Show Low, AZ 85901

Respondent's Attorney Lawrence J. Felder, Esq. 3101 N Central Ave Ste 850 Phoenix, AZ 85012

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 Complainant Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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. 2023-13465 /

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 REGISTRAR OF CONTRACTORS OF

Kevin Jay Carpenter , Case No. 2023-13465 DBA: ,

COMPLAINANT,

v. WAIVER Mountain Roof Repair LLC DBA: , License No. ROC 319233,

RESPONDENT.

THE STATE OF ARIZONA Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. Further, I acknowledge that statements, either written or oral, made at the conference, including a written

document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in any subsequent administrative hearing.

_______________________ ________________________ ___________________ Printed Name Signature Date

On behalf of: Respondent On behalf of: Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 6/13/24, 2:23 PM State of Arizona Mail - Mountain Roof Repair LLC adv Carpenter, Docket No.: 2023A-13465-CHC-ROC

Erika Hoskin <[email redacted]>

Mountain Roof Repair LLC adv Carpenter, Docket No.: 2023A-13465-CHC-ROC messages

Victoria <[email redacted]> Thu, Jun 13, 2024 at 2:20 PM To: "[email redacted]" <[email redacted]> Cc: Larry Felder <[email redacted]>, "[email redacted]" <[email redacted]>

Ms. Hoskin,

Thank you for taking my call today. I was checking on the status of setting the Informal Settlement Conference in the above-referenced matter and learned that it was scheduled for June 17th. As you know, attorney Lawrence J. Felder is out of the country until July 1st and will need to have this rescheduled for a date after the first week of July 2024. You will be cancelling the upcoming settlement conference and rescheduling. Much appreciated.

Kind Regards,

Victoria M. Stevens

Leadership Team Member

Resolvere Law PLLC Direct Line: 480.725.9368

Web: https://resolverelaw.com/

Email: [email redacted]

3101 N. Central Avenue, Suite 850

Phoenix, AZ 85012

PLEASE NOTE: RESOLVERE LAW RECENTLY MOVED. OUR SUITE NUMBER HAS CHANGED TO 850.

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination, or other use of this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you received this

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 6/13/24, 2:23 PM State of Arizona Mail - Mountain Roof Repair LLC adv Carpenter, Docket No.: 2023A-13465-CHC-ROC communication in error, please contact us immediately at (480) 725-9368, and delete the communication from any computer or network system.

image002.png 3K

Erika Hoskin <[email redacted]> Thu, Jun 13, 2024 at 2:23 PM To: Victoria <[email redacted]> Cc: Larry Felder <[email redacted]>, "[email redacted]" <[email redacted]>

Nice Talking with you . Yes, I will be scheduling a new date & time. I am preparing the Confirmation to email parties the Cancelled Settlement Conference for June 17, 2024. [Quoted text hidden] --

Kindly,

Erika Hoskin

Legal Secretary

Arizona Registrar of Contractors, Legal Department

1700 W. Washington Suite 105

Phoenix, AZ 85007

602-771-6785

www.roc.az.gov

https://mail.google.com/mail/u/0/?ik=[number redacted]&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 LEGAL RECEIVED 07/05/2024

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Kevin Jay Carpenter, No. 2023A-13465-CHC-ROC COMPLAINANT,

v. ORDER VACATING HEARING Mountain Roof Repair LLC ROC License No. 319233, RESPONDENT.

1. On May 24, 2024, the Arizona Registrar of Contractors issued a NOTICE OF

HEARING ON CONTESTED CASE (“NOTICE OF HEARING”) in the above-captioned matter which

set a hearing before the Office of Administrative Hearings (“OAH”), an independent state

agency, at 1:00 p.m. on July 03, 2024. The NOTICE OF HEARING noted, in pertinent part, as follows:

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. (Emphasis in original.)

Correspondence was not returned as undeliverable to Complainant. 2. On June 07, 2024, OAH issued a HEARING ORDER to the parties that provided remote participation information, including a videoconference web link and teleconference phone number and pin. Correspondence was not returned as

undeliverable to Complainant.

3. On July 03, 2024, at the time scheduled for hearing, although afforded a

fifteen (15) minute grace period, there was no appearance by or on behalf of Complainant.

Complainant failed to appear.

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 LEGAL RECEIVED 07/05/2024

4. To date, there has been no correspondence received by OAH on behalf of Complainant to provide notice of unavailability, appear via alternative means, or continue. 5. No settlement is on file for this matter at OAH. 6. Because Complainant failed to appear without establishing good cause, it must be concluded that Complainant defaulted their appearance. Therefore, IT IS ORDERED pursuant to ARIZ. ADMIN. CODE R2-19-111(4) and R2-19-117 that this matter is hereby vacated from OAH’s calendar and is remanded to the referring agency for further action, if any. Done this day, July 05, 2024.

Office of Administrative Hearings /s/ Jenna Clark Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director c/o Legal Department Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 [email redacted]

Lawrence J. Felder, Esq. Resolvere Law PLLC, Counsel for Respondent 3101 N. Central Ave., Ste. 850 Phoenix, AZ 85012 [email redacted] [email redacted] Kevin Jay Carpenter, Complainant 7944 Marken Ranch Rd. Show Low, AZ 85901 [email redacted] By: OAH Staff

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 7/5/24, 3:06 PM State of Arizona Mail - 2023A-13465-CHC-ROC LEGAL RECEIVED 07/05/2024

OAH Electronic Documents - AZROC <[email redacted]>

2023A-13465-CHC-ROC message

OAH <[email redacted]> Fri, Jul 5, 2024 at To: Miles Crosby <[email redacted]>, OAH Electronic Documents - AZROC <[email redacted]>, [email redacted], [email redacted], [email redacted]

This message is confidential and intended only for the named recipient(s). This message may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that reading, disseminating, distributing or copying this message is strictly prohibited. If you have received this message in error or are not the named recipient, please notify the sender by telephone, facsimile or e-mail and delete this message from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege.

1196105.PDF 11K

https://mail.google.com/mail/b/AEoRXRRxK8kTqmRMGsHyNTAnDxj_KKeV7RIoYsZXJl1LY7USbI82/u/0/?ik=1a356ffe08&view=pt&search=all&permthi… 1/1 7/9/24, 1:52 PM State of Arizona Mail - 2023A-13465-CHC-ROC

Legal New Mail - AZROC <[email redacted]>

2023A-13465-CHC-ROC message

KJCSFC <[email redacted]> Fri, Jul 5, 2024 at 6:20 PM To: [email redacted]

I spoke to Doug in the ROC legal department today. This letter is from his instruction.

Under Doug’s recommendations I am requesting a new hearing for 2023A-13465-CHC- ROC and to be performed in person.

With all honesty I was not provided a link to the Google Meet for the July 3 hearing. Nor was any link found in my Junk folder to include any other emails I have used in the past with the ROC.

I provided to the ROC, evidentiary documents on 6/28, 6/27, two more documents on 6/5, and an email with photos to the ROC legal department on 6/27 because the photos would not load on the ROC website.

I wrote a lengthy email to the opposing attorney Lawrence J. Felder Esq. but did not hear back from him. I have even paid to confer with an Attorney in my situation. I have performed what was needed to be done to be present and responsive to the Judge in my case.

I was present on the 3rd but no contact from Google came to me. My assumption was that the court was canceled without notice because of Independence day. I heard from no one or found no contact in my email or other folders within my Gmail.

The next day was July 4th and your offices were closed.

Today being July 5th I was assuming that the State was again on holiday so I did not bother to call until after I received the order in my “email” vacating the hearing in which I immediately I called the ROC legal office and spoke to Doug.

I am an Arizona Ranger, badge 07-155, my duties over this Independence holiday celebrations are heavy and keeping me very busy in the performance of my duties in the White Mountains to include parades, fireworks, rodeos, and the time for preparations.

I have done everything that was expected of me in this last 9 months and I failed because of the inter-web or non-fulfillment of another party, yet it all falls on me. That is not fair.

https://mail.google.com/mail/b/AEoRXRSidLFa05YU6SmmNDh5SNJSN2eyDOih35QJCTABc10e0HGu/u/0/?ik=d3afebeda9&view=pt&search=all&per… 1/2 7/9/24, 1:52 PM State of Arizona Mail - 2023A-13465-CHC-ROC

So I am humbly requesting that I receive a new court date, and one that is in person to alleviate this situation from happening again.

I have bent over backwards, lost more sleep than I can remember over nine months, had to involve the Navajo County Building Chief Inspector to write a letter of denial to permit; spent $2500 hiring an engineering company, and had to push for months just to get where I am today with the ROC.

Please allow for a new hearing, I am begging you.

Respectfully,

Kevin J Carpenter SFC(Ret) 480-603-8633

https://mail.google.com/mail/b/AEoRXRSidLFa05YU6SmmNDh5SNJSN2eyDOih35QJCTABc10e0HGu/u/0/?ik=d3afebeda9&view=pt&search=all&per… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kevin Jay Carpenter , Case No. 2023-13465 COMPLAINANT, v. Mountain Roof Repair LLC ORDER OF CLOSING License No. ROC 319233,

RESPONDENT.

In accordance with the Administrative Law Judge's Order remanding this matter to the

Registrar of Contractors, IT IS ORDERED that Case No. 2023-13465 is closed as Resolved.

Dated July 9, 2024.

By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail July 9, 2024 to: Respondent(s) Mountain Roof Repair LLC 1282 Lone Pine Dam Rd. Show Low, AZ 85901 Respondent's Attorney Lawrence J. Felder, Esq. 3101 N Central Ave Ste 850 Phoenix, AZ 85012 Complainant(s) Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg108 5/21 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. 2023-13465/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg108 5/21 Property Owner: Kevin Jay Carpenter 7944 Marken Ranch Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 Contractor: Mountain Roof Repair LLC DBA: 1282 Lone Dam Road Show Low, AZ 85901

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 October 30, 2023

BUILDING CONFIDENCE PROGRAM Re: No. 2023-12003

Dear Property Owner and Contractor:

Sincerely, Miles Crosby Miles Crosby, Investigator #213 928 6370485 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED) License mailing address (if different from account/company address of record):

Mountain Roof Repair LLC

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Property Owner’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Contractor’s Attorney:

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C002 04/21 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