2023A-13889-CHC-ROC Notice of Hearing & Packet MAILED 2023-13889.pdf

2023A-13889-CHC-ROC · Registrar of Contractors · 2024-05-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bradley Williams , Case No. 2023-13889

COMPLAINANT, Docket No. 2023A-13889-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Black Bucket Drywall & Painting LLC License Nos. ROC 339017 & 339018,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

June 11, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person. If you have requested to appear in-person at the hearing, the hearing will

be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on March 27, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated May 9, 2024.

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

Copy mailed via USPS First Class mail May 9, 2024 to:

Respondent(s) Black Bucket Drywall & Painting LLC 8049 Boardwalk Way Las Vegas, NV 89123

Complainant(s) Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2023-13889 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Black Bucket Drywall & Painting LLC DBA: 8049 Boardwalk Way Las Vegas, NV 89123

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 18, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13889

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 8, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

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

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

Sincerely, Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes

Case No.: 2023-13889 Investigator: Patricia Schuette Inspection Date: January 8, 2024 Inspection Time: 10:00 AM

Complainant: Bradley Williams Respondent: Black Bucket Drywall Not Present: & Painting LLC Not Present:

Jobsite General Notes:

Complaint Item: 1-The contractor paint gun broke and exploded all over out garage floor. Our garage floor is now stained with blue paint. The contractors stated they tried to fix it as best as they could, while using a small cheap interior broom and some kind of chemical which just made it worse. Investigator’s Observation: Verified. There is remnants of the paint that appeared to be on two sections of the concrete in the garage. It was apparent that an attempt to clean it up was made but unsuccessful. Respondent mentioned that a claim to their insurance was submitted for the damage. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 2-The contractors got blue paint on our white garage door entering the house. The contractors tried to cover it ups with a different type of paint that now makes it obvious to the naked eye and is an eye sore.

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

Investigator’s Observation: Unverified. I was able to see the small section that was painted around the middle of the door however, I believe the repair meets the minimum workmanship standards. Governing Rule: N/A

Complaint Item: 3-Damaged one of our cabinet doors. The contractor put some kind of putty or something similar and used their finger to smear it across the bottom of the cabinet. Investigator’s Observation: Verified. It is unknown if the damage was present prior to the Respondents painting however, the surface should have been prepped properly before painting. Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 4-They also did not touch up a cabinet drawer that’s obvious. Investigator’s Observation: Unverified. The cabinet drawer front does have a blemish on the right side however, there is not sufficient evidence to support that the issue was created by the Respondent. Governing Rule: N/A

Complaint Item: 5-The contractors refused to inform us of the paint sheens. Investigator’s Observation: Unverified. The Respondent should provide information on the paint used in the home. Governing Rule: N/A

Complaint Item: 6-The contractors left paint marks inside the cabinets along with the top layer of wood peeled off. Investigator’s Observation: Partially verified. There is a small paint

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

smear in one of the upper wall cabinets on the base shelf. Respondent to repair within appropriate means. There is not sufficient evidence to support the claim that the torn veneer on the inside of the same cabinet was caused by the Respondent. The smeared paint is over the top of the torn area. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

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

Complainant: Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Black Bucket Drywall & Painting LLC DBA: 8049 Boardwalk Way Las Vegas, NV 89123

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 January 19, 2024

License No. ROC 339017

Re:Complaint No. 2023-13889

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 9, 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:

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 Respondent mentioned that a claim to their insurance was submitted for the damage. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 3-Damaged one of our cabinet doors. The contractor put some kind of putty or something similar and used their finger to smear it across the bottom of the cabinet. Investigator’s Observation: Verified. It is unknown if the damage was present prior to the Respondents painting however, the surface should have been prepped properly before painting. Respondent to repair within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

Compliance Item: 6-The contractors left paint marks inside the cabinets along with the top layer of wood peeled off. Investigator’s Observation: Partially verified. There is a small paint smear in one of the upper wall cabinets on the base shelf. Respondent to repair within appropriate means. There is not sufficient evidence to support the claim that the torn veneer on the inside of the same cabinet was caused by the Respondent. The smeared paint is over the top of the torn area. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 2-The contractors got blue paint on our white garage door entering the house. The contractors tried to cover it ups with a different type of paint that now makes it obvious to the naked eye and is an eye sore. Investigator’s Observation: Unverified. I was able to see the small section that was painted around the middle of the door however, I believe the repair meets the minimum workmanship standards. Governing Rule: N/A

Compliance Item: 4-They also did not touch up a cabinet drawer that’s obvious. Investigator’s Observation: Unverified. The cabinet drawer front does have a blemish on the right side however, there is not sufficient evidence to support that the issue was created by the Respondent. Governing Rule: N/A

Compliance Item: 5-The contractors refused to inform us of the paint sheens. Investigator’s Observation: Unverified. The Respondent should provide information on the paint used in the home. Governing Rule: N/A

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

Sincerely,

Patricia Schuette Patricia Schuette,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

License mailing address (if different from account/company address of record):

Black Bucket Drywall & Painting LLC

8049 Boardwalk Way Las Vegas, NV 89123

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: Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 February 9, 2024

License No. ROC 339017

Re:Complaint No. 2023-13889

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Sincerely,

Patricia Schuette Patricia Schuette,

CC: Respondent Complainant

License mailing address (if different from account/company address of record):

Black Bucket Drywall & Painting LLC

8049 Boardwalk Way Las Vegas, NV 89123

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: Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

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

C012 12/23 Respondent: Black Bucket Drywall & Painting LLC DBA: 8049 Boardwalk Way Las Vegas, NV 89123

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

C012 12/23 March 15, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13889

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, March 20, 2024 at 09:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 12/23 Complainant: Bradley Williams 23282 S 229th Place Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Black Bucket Drywall & Painting LLC DBA: 8049 Boardwalk Way Las Vegas, NV 89123

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-13889 Investigator: Patricia Schuette Inspection Date: Wednesday, March 20, 2024 Inspection Time: 09:30 AM

Compliance Jobsite General Notes: Only the complainant was present for the compliance inspection. The respondent stated that they got caught up in traffic.

Compliance Findings:

Compliance Item: 1-The contractor paint gun broke and exploded all over out garage floor. Our garage floor is now stained with blue paint. The contractors stated they tried to fix it as best as they could, while using a small cheap interior broom and some kind of chemical which just made it worse. Investigator’s Observation: Verified. There is remnants of the paint that appeared to be on two sections of the concrete in the garage. It was apparent that an attempt to clean it up was made but unsuccessful. Respondent mentioned that a claim to their insurance was submitted for the damage. Respondent to correct within appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Findings: Respondent filed a claim against their insurance but no resolution nor correction of the issue.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards Compliance Findings: Respondent filed a claim against their insurance but no resolution nor correction of the issue.

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,

Patricia Schuette Patricia Schuette, Investigator 602 7716744 [email redacted] 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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# $711% &&'%1% 111()*2+!!,'0-./*$- '#* -$% #,*# ,7!23"8880"3!0832+"++-%$*%&74 ++2!8 ""0+"0 1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bradley Williams, Case No. 2023-13889 COMPLAINANT, v. Black Bucket Drywall & Painting LLC, CITATION License Nos. ROC 339017 & 339018, RESPONDENT.

The Registrar issues this Citation to Black Bucket Drywall & Painting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 11, 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 December 10, 2023, Bradley Williams (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13889. 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 April 11, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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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 Dated March 27, 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, March 27, 2024 to: Respondent Certified Mail No: [number redacted] Black Bucket Drywall & Painting LLC 8049 Boardwalk Way Las Vegas, NV 89123

Copy mailed by USPS First Class mail this same date to: Respondent Black Bucket Drywall & Painting LLC 8049 Boardwalk Way Las Vegas, NV 89123 Complainant Bradley Williams 23282 S. 229th Place Queen Creek, AZ 85142 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-13889

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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)

Bradley Williams Mailing Address (Enter jobsite in Contract/Project section) City State Zip

23282 S 229th Place Queen Creek Arizona 85142 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)

Black Bucket Drywall & Painting LLC ROC 339017 Street Address City State Zip

8049 Boardwalk Way Las Vegas NV 89123 Phone Number Email

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

Cassandra Baldenegro Contract/Project Information Contract Date Contract Amount Amount Paid

October 3, 2023 $2,800.00 $1,400.00 Date Work Started Date Work Stopped Date Work Was Completed

October 7, 2023 October 13, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

23282 S 229th Place Queen Creek AZ 85142 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work;Other I have contacted the contractor by Phone/Text Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were N/A This project was Residential This project involved Other Kitchen cabinet painting on new home 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)

The contractors paint gun broke and exploded all over our garage floor. Our garage floor is now stained with blue paint. The contractors stated they tried to fix it as best as they could, while using a small cheap interior broom and some kind of chemical which just made it worse. After we stated that we wouldn't accept the condition of the garage floor, they said they would hire a company to fix it, but refused to inform us of who they were using so we could do our own due diligence. We then seeked out a company to get it power washed, and they stated that the power washing would not help because of the type of paint. They said we would need to get an epoxy coating. We got a quote that started it would cost $1,480.; The contractors got blue paint on our white garage door entering the house. The contractors tried to cover it up with a different type of paint that now makes it obvious to the naked eye and is an eye sore.; Damaged one of our cabinet doors. The contractor put some kind of putty or something similar and used their finger to smear it across the bottom of the cabinet. They claimed it wasn't them (even though we just closed on this new house and did a walkthrough with the builders to confirm everything was up to standard). They also did not touch up a cabinet drawer thats obvious.; The contractors refused to inform us of the paint sheens; The contractors left paint marks inside the cabinets along with the top layer of wood peeled off.

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

Bradley Williams \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 BLACK BUCKET DRYWALL & PAINT LLC Residential & Commercial Licensed & Insured LIC: ROC 339018, ROC 339017 ● [email redacted]

Carly Williams 23282 S. 229th Pl, Queen creek, AZ 85142 Date: 10/03/2023

➢ Scope of Work - (Interior Paint: Kitchen Cabinets) ○ Cover all areas that will not be painted to avoid overspray ○ All Cabinet doors that are in the kitchen will be removed ○ Once removed, they will be sanded for better paint adhesion ○ Once prepped, the cabinets on the wall in the kitchen will be painted with SW 6244 (Naval) and the cabinets on the middle island will be painted SW 6253 (Olympus White) ○ Once Painted and dried, the cabinet doors will be reinstalled to their corresponding place and Black Bucket will clean any mess left due to the scope of work

*Price include materials, time and labor* Kitchen Cabinets sand and Paint $2,800

NOTES: ● This price of the proposal accounts to what is being asked by the client, if there is an additional service or changes requested while work is being performed, charges may incur. ● THIS PROPOSAL HAS BEEN ACCEPTED BY THE CLIENT AND SCOPE OF WORK WILL BEGIN THIS THURSDAY 10/05/2023

CEO Nancy Baldenegro GM Cassandra Baldenegro [email redacted] [email redacted] O:702-717-7984 C: 702-986-9906 O:702-717-7984 C: 702-986-9906 BLACK BUCKET DRYWALL & PAINT LLC Residential & Commercial Licensed & Insured LIC: ROC 339018, ROC 339017 ● [email redacted]

Carly Williams 23282 S. 229th Pl, Queen creek, AZ 85142 Date: 10/03/2023

*Price include materials, time and labor* Kitchen Cabinets sand and Paint $2,800

CEO Nancy Baldenegro GM Cassandra Baldenegro [email redacted] [email redacted] O:702-717-7984 C: 702-986-9906 O:702-717-7984 C: 702-986-9906 Received 4/11/2024 ROC Legal

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Bradley Williams, Case No. 2023-13889

COMPLAINANT, v. Black Bucket Drywall & Painting LLC, Written Answer to License Nos. ROC 339017 & 339018, Citation and Complaint RESPONDENT.

Written Answer to Citation and Complaint

The first charge states that Black Bucket did not meet the professional and workmanlike manner. We communicated and updated the client with anything and everything that had to do with the scope of work. We began the project on October 7th, 2023, with prep, covering with plastic, cardboard, painter's drop cloth, and paper to protect the surrounding areas. We returned in the morning on October 9th, 2023, and began spray painting the cabinets. We started using the spray gun, and without our knowledge, it was damaged (we bought it and used it straight from the package), and it began to shoot paint uncontrollably. Luckily, we had a bucket and submerged the gun in the water, and it relieved the pressure of the spray gun, but due to it being a surprise, it moved the cardboard we had used to cover, and the paint landed on the garage floor. When it happened, the clients, Carly and Bradley, were at the property, and we let them know immediately. We assured them we would do what needed to be done to remove the paint off the garage floor and used our old spray gun attachment to continue the scope. We completed the scope and cleaned everything up, returning to attempt to remove the stain on October 13th, 2023. We did the necessary touch-ups that they pointed out on the cabinets and attempted to remove the paint from the concrete by scrubbing it with a metal brush and stain remover, although it wasn't sufficient. We let her know, and she insisted that the paint be removed so we could receive Received 4/11/2024 ROC Legal payment. Therefore, we offered to hire an additional company specializing in removing paint on rough surfaces. She decided that she did not want us to go back, and instead, she requested a discount for the floor. We wanted to speak on the phone to communicate and figure out how to resolve the main issue, but due to a lack of verbal communication, we decided to submit a claim with our insurance company to find common ground. We submitted the insurance claim on October 17th, 2023, and continued to communicate with the insurance company to see if the issue was to be resolved; the insurance agent let us know the clients had yet to respond to the emails, calls, or letters. We emailed them again to let them know they could use our insurance to fix their garage floor, but they did not respond to our email either.

Due to the lack of response, we submitted a notice of intent to submit a mechanic lien, as we saw no attempt to make a payment or communicate. The notice was mailed to them, and again, we saw no response. Therefore, we moved forward with the mechanic lien, which has now been removed.

With the complaint, we attempted to have the issues resolved, and knowing that we had the claim on the insurance open, we wanted to use our insurance to fix the garage floor, and we would take responsibility for the interior touch-ups as directed. The client contacted the insurance company, but afterward, they stopped communicating. Therefore, we decided to have the garage floor power washed to remove the paint. The paint was removed, but we were unable to do the paint touch-ups as our painter was hospitalized and was unable to perform the work. We could not work on a later date as the clients left for Australia a couple of days later. We received notice of a second inspection but unfortunately missed it due to traffic. We emailed the inspector and asked if we still had the opportunity to correct the directive, and she stated yes with the client's approval, but they let us know they did not want us in their home.

We will accept the citation as we are responsible for the paint on the garage floor, but we made every attempt to make things right that were within our power with the tools we had. Received 4/11/24, 9:04 AM Gmail - Important information about your Next Insurance claim 4/11/2024 ROC Legal

Nancy Baldenegro <[email redacted]>

Important information about your Next Insurance claim messages

Loren Johnson <[email redacted]> Tue, Nov 7, 2023 at 7:07 AM Reply-To: [email redacted] To: [email redacted]

Dear Nancy,

Thank you for the opportunity to assist you.

Attached is an important letter about your claim, NXTC-AZGL-DHLJPY. If you have any questions or concerns, please contact your Claims Advocate directly by replying to this email. You can also call or text your Claims Advocate at the previously provided phone number.

Sincerely, The Next Insurance Team

Our Mailing Address is: PO Box 60787, Palo Alto, CA 94306

NEXT acts as an agent that represents insurance companies to whom it will submit your insurance application and from whom it will procure your insurance coverage. The list of carriers we currently use and that might bind you are: Next Insurance US Company; State National Insurance Company; and National Specialty Insurance Company. The list of agencies we currently use and that might represent us: Next Insurance, Inc. Next First Insurance Agency, Inc., AP Intego Insurance Group, LLC., and third-party agency partners.

Was this email helpful?

Non-responsive.pdf 168K

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 1/3 Received 4/11/24, 9:04 AM Gmail - Important information about your Next Insurance claim 4/11/2024 ROC Legal Nancy Baldenegro <[email redacted]> Tue, Nov 7, 2023 at 10:22 AM To: [email redacted]

We provided the phone number of Carly in the beginning of the claim. We did not take pictures of the damages. The garage floor was stained and a small scratch on the door measuring at least 1 inch. [Quoted text hidden]

Loren (Loren Johnson) <[email redacted]> Wed, Nov 8, 2023 at 3:29 PM Reply-To: Loren Johnson <[email redacted]> To: Nancy Baldenegro <[email redacted]>

Please type your response above!

A message from our team To respond, simply reply to this email.

Loren (Next Insurance) Nov 8, 2023, 17:29 CST Nancy,

I have reviewed all our correspondence on the claim and the phone number for Carly has not been provided. The contact information that we have for Carly on the claim is her email at [email redacted]. If you could please provide this information to me at your earliest convenience.

Also, the damages to the garage floors and the scratch on the garage door are the only damages that are being claimed on this claim correct?

Sincerely, Loren Johnson Claims Advocate Phone Number: +1 (512) 572-4534

Next Insurance, Inc. • PO Box 60787 Palo Alto, CA 94306

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 2/3 Received 4/11/24, 9:04 AM Gmail - Important information about your Next Insurance claim 4/11/2024 Mon - Fri, 6:00 am - 5:00 pm PT ROC Legal

Nancy Baldenegro <[email redacted]> Wed, Nov 8, 2023 at 3:32 PM To: Loren Johnson <[email redacted]>

Yes, that is correct. Her phone number is 612-916-2112 [Quoted text hidden]

Loren (Loren Johnson) <[email redacted]> Wed, Nov 8, 2023 at 5:25 PM Reply-To: Loren Johnson <[email redacted]> To: Nancy Baldenegro <[email redacted]>

Please type your response above!

A message from our team To respond, simply reply to this email.

Loren (Next Insurance) Nov 8, 2023, 19:25 CST Thank you. I will reach out to her on the claim.

Sincerely, Loren Johnson Claims Advocate Phone Number: +1 (512) 572-4534

Next Insurance, Inc. • PO Box 60787 Palo Alto, CA 94306 Mon - Fri, 6:00 am - 5:00 pm PT

[2NV7LJ-Z7EV4]

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 3/3 Received 4/11/24, 9:05 AM Gmail - [Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Status Update 4/11/2024 ROC Legal

Nancy Baldenegro <[email redacted]>

[Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Status Update messages

Loren <[email redacted]> Thu, Nov 9, 2023 at 10:27 AM Reply-To: [email redacted] To: Nancy Baldenegro <[email redacted]>

Please type your response above!

Message from Next Insurance Claims

Loren (Next Insurance) Nov 9, 2023, 12:27 CST Nancy,

I have tried to reach Mrs. Williams on the claim using the number provided. At this time I have exhausted all contact attempts on the claim. The claim will be closed at this time until Mrs. Williams make contact with me on the claim. At that time I can re-open the claim and move forward at that time.

If you have contact with Mrs. Williams please have her reach out to me on the claim.

Sincerely, Loren Johnson Claims Advocate Phone Number: +1 (512) 572-4534

Next Insurance, Inc. • PO Box 60787 Palo Alto, CA 94306 Mon - Fri, 6:00 am - 5:00 pm PT

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 1/3 Received 4/11/24, 9:05 AM Gmail - [Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Status Update 4/11/2024 Privacy Policy ROC Legal

[0133K2-13JM1]

Nancy Baldenegro <[email redacted]> Thu, Nov 9, 2023 at 10:44 AM To: [email redacted]

We attempted to reach out to her but she will no longer take our calls. She has not yet paid the outstanding balance. Will this claim be unresolved due to no contact? [Quoted text hidden]

Loren <[email redacted]> Thu, Nov 9, 2023 at 12:12 PM Reply-To: [email redacted] To: Nancy Baldenegro <[email redacted]>

Please type your response above!

A message from our team To respond, simply reply to this email.

Loren (Next Insurance) Nov 9, 2023, 14:12 CST At this time yes. Due to the damages are to her property the claim can only be indemnified to her directly and with out correspondence from her we can not pay out on the claim. I hope this answers your questions.

Sincerely, Loren Johnson Claims Advocate Phone Number: +1 (512) 572-4534

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 2/3 Received 4/11/24, 9:05 AM Gmail - [Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Status Update 4/11/2024 ROC Legal

Next Insurance, Inc. • PO Box 60787 Palo Alto, CA 94306 Mon - Fri, 6:00 am - 5:00 pm PT

[0133K2-13JM1]

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]&simpl=… 3/3 Received 4/11/24, 9:11 AM Gmail - Invoice - Reminder: Your payment to Black Bucket Drywall and Painting LLC is due 4/11/2024 ROC Legal

Cassandra Baldenegro <[email redacted]>

Invoice - Reminder: Your payment to Black Bucket Drywall and Painting LLC is due message

Black Bucket Drywall and Painting LLC <[email redacted]> Fri, Nov 17, 2023 at 9:31 AM Reply-To: [email redacted] To: [email redacted]

Your invoice is ready! Total $1,400.00

BALANCE DUE

$1,400.00

Dear Carly Williams,

We're sending a reminder to let you know that invoice [Invoice No.1011] has not been paid.

Our insurance has also attempted to contact you regarding the garage floor damage and the small scratch on the door. Please reach out to them directly at 512-572-4534.

Black Bucket Drywall and Painting LLC

https://mail.google.com/mail/u/2/?ik=[number redacted]&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 Received 4/11/24, 9:11 AM Gmail - Invoice - Reminder: Your payment to Black Bucket Drywall and Painting LLC is due 4/11/2024 ROC Legal Pay invoice

Black Bucket Drywall and Painting LLC 12546 W Honeysuckle Rd Litchfield, AZ 85340

[email redacted] +1 (702) 717-7984

If you receive an email that seems fraudulent, please check with the business owner before paying, or you can forward the email to [email redacted] so we can look into it. Read more at security.intuit.com.

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https://mail.google.com/mail/u/2/?ik=[number redacted]&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Received 4/11/24, 9:06 AM Gmail - [Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Follow Up 4/11/2024 ROC Legal

Nancy Baldenegro <[email redacted]>

[Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Follow Up message

Loren <[email redacted]> Wed, Dec 20, 2023 at 8:18 AM Reply-To: [email redacted] To: Nancy Baldenegro <[email redacted]>

Please type your response above!

Message from Next Insurance Claims

Loren (Next Insurance) Dec 20, 2023, 10:18 CST Nancy,

So at this time there is nothing we can do on the claim until Carly responds to our correspondences. Once she does then we can re-open the claim and move forward with it. But if you receive any legal documents or correspondence please forward it to us immediately. I appreciate your understanding on this matter and we are here to answer any questions or concerns you may have.

Sincerely, Loren Johnson Claims Advocate Phone Number: +1 (512) 572-4534

Next Insurance, Inc. • PO Box 60787 Palo Alto, CA 94306 Mon - Fri, 6:00 am - 5:00 pm PT

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 Received 4/11/24, 9:06 AM Gmail - [Message from Next Insurance Claims] Claim NXTC-AZGL-DHLJPY - Follow Up 4/11/2024 Privacy Policy ROC Legal

[0124LZ-ZDW4R]

https://mail.google.com/mail/u/1/?ik=4f9fe893c0&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Received 4/12/24, 8:08 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2023-138894/11/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2023-13889 message

Nancy Baldenegro <[email redacted]> Thu, Apr 11, 2024 at 9:38 AM To: [email redacted]

Good morning,

Please find attached the written answer with the case number Case No. 2023-13889.

Please let me know if additional information is required.

Thank you!

Nancy C. Baldenegro | CEO Black Bucket Drywall and Paint LLC [email redacted] | O: 702-717-7984

WRITTEN ANSWER TO CITATION AND COMPLAINT .pdf 950K

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#711" )++)"1" 111,-. (8 /01.#/ . /#" . 72(433323 8403 34/"#."+72(433323 8403 * 010 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