2023A-13946-CHC-ROC Notice of Hearing & Packet MAILED 2023-13946.pdf

2023A-13946-CHC-ROC · Registrar of Contractors · 2024-07-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Diane Keep , Case No. 2023-13946

COMPLAINANT, Docket No. 2023A-13946-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE A B A Home Remodeling LLC License No. ROC 271056,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

September 6, 2024 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 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)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(9)(a)

Charge: 4 A.R.S. § 32-1154(A)(22)

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

cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

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

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

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

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

1156(B).

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

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated July 29, 2024.

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

Copy mailed via USPS First Class mail July 29, 2024 to:

Respondent(s) A B A Home Remodeling LLC 1930 E 3rd Street Suite 7 Tempe, AZ 85281-2977 Complainant(s) Diane Keep 10315 N Erin Ct Waddell, AZ 85355

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. 2023-13946 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

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

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

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

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

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

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

Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

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: A B A Home Remodeling LLC DBA: 1930 E 3rd St Ste 18 Tempe, AZ 85281

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 12, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-13946

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for January 9, 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, James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 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 C008 05/21 A Guide to Jobsite Inspections

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

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

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

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

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

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

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

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Respondent: A B A Home Remodeling LLC DBA: 1930 E 3rd St Ste 18 Tempe, AZ 85281

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 December 14, 2023

Re: Complaint No. 2023-13946

Dear Respondent :

Below you will find a list of additional items received by this office concerning the above referenced complaint.

• Mul�ple Drywall and paint repairs throughout the home • Nails in the wall from base board installa�on needs remedied. • Base board repairs/installa�on by stairs x2 and hallway bathroom • Nose board on stairs needs replaced • Tile ﬂooring by stairs needs replaced • Crown molding in kitchen needs to be secured/loose in mul�ple loca�ons • Trim on kitchen cabinets needs to be secured • Under cabinet lights by fridge needs to be pulled through • Can lights buried under drywall-in kitchen and dinning-poten�ally hot wires • Exposed hot electrical wires exposed in kitchen outlet • Light installa�on in the kitchen/Dinning • LED ligh�ng in all bathrooms to be replace exis�ng lights • Light in closet not ﬂush to wall. • Master bathroom shower handle to be replaced • Cracks in grout needs repaired in showers • Wood ﬂoor transi�ons for 5 rooms needs to be installed • LED Mirror installa�on in hallway bathroom • Door stoppers needs to be replaced where new ﬂooring and base boards have been installed. • Linen closet ﬂoor guide install • Newly installed base boards need to be painted • Mul�ple grout repairs needed in front room where base boards were installed. • Ligh�ng bracket in dinning to be replaced with a receptacle to accommodate a chandelier • Splash guard install for sliding glass door in downstairs bathroom. • Veriﬁca�on that vent in laundry room is connected to appropriate duc�ng • All new electrical needs to be inspected • Kitchen counter top to be cut to accommodate kitchen sink accessories and kitchen island sink as well. • Installa�on of kitchen cabinet hinges for drawers by kitchen sinks • Redo vent/hood installa�on in kitchen-Poor workmanship • Metal trim install in kitchen 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 • Microwave installa�on/replacement of Damaged microwave • Cabinet shelf replacement in kitchen • Touch ups to cabinets in kitchen • Kitchen island outlets installed in 2x4s-concerned with this structure strength • Dishwasher needs to be secured-no bracket • Drywall repair and outlet repair behind stove • Outlet under sink installed with drywall screws-also needs a cover • All electrical to be inspected and up to code-ensure correct gauged wire used • Defec�ve �le throughout home needs to be replaced • All plumbing to be inspected • Drywall in garage needs repaired • Under cabinet ligh�ng needs to be ﬁxed • Plumbing under master bathroom cabinet needs corrected • Cosme�c damage to tub in hallway bathroom needs ﬁxed. • Damaged “o” rings on shower sprayers in Master bathroom and hallway bathroom-Was informed this was already corrected and it was not-sprayers leak due to the damaged “o” ring. • Circular hardware on shower head in hallway bathroom to be replaced with a square one • Back wall of cabinet to be replaced due to cu�ng the hole too big for the outlet in kitchen • Numerous outlet covers needed.

If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Jobsite Inspection Notes

Case No.: 2023-13946 Investigator: James Carter Inspection Date: January 9, 2024 Inspection Time: 10:00 AM

Complainant: Diane Keep Respondent: A B A Home Not Present: Remodeling LLC Not Present:

Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Complainant was present for the JSI. Representing the Respondent was Bill Osenbau and David Yousef. Complainant advised during the JSI that she would need some time due to her having her baby around 02/01/2024 and Respondent agreed to work with her on scheduling and working around that date.

Complaint Item: 1 - Multiple Drywall and paint repairs throughout the home Investigator’s Observation: Verified. Investigator observed a number of areas in the home where drywall patches had been made but not painted as well as areas still needing drywall repairs. Several nail pops as well as areas where nails from baseboard when through the wall need to be repaired. The Respondent will need to correct this by the appropriate means 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 - Base board repairs/installation by stairs x2 and hallway bathroom Investigator’s Observation: Verified. Investigator observed missing baseboard at the stairs and bathroom. The Respondent will need to correct this by

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

the appropriate means 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 - Nose board on stairs needs replaced Investigator’s Observation: Verified. Investigator observed large gaps around the treads of the stairs where it meets the drywall. A lot of the drywall looks damaged. The Respondent will need to correct this by the appropriate means 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 - Tile flooring by stairs needs replaced Investigator’s Observation: During the inspection several tiles were shown to have discoloration at the ends of the tiles. Respondent should determine the cause and correct in the appropriate manner 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: 5 - Crown molding in kitchen needs to be secured/loose in multiple locations Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 6 - Trim on kitchen cabinets needs to be secured Investigator’s Observation: Verified. Trim on island has fallen off. The Respondent will need to correct this by the appropriate means Governing Rule: Violation of any rule adopted by the Registrar; 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 7 - Under cabinet lights by fridge needs to be pulled through Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 8 - Can lights buried under drywall-in kitchen and dinning- potentially hot wires Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 9 - Exposed hot electrical wires exposed in kitchen outlet Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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: 10 - Light installation in the kitchen/Dinning Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

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: 11 - LED lighting in all bathrooms to be replace existing lights Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 12 - Light in closet not flush to wall. Investigator’s Observation: Verified. Investigator observed the ceiling LED light was not square or flush to the ceiling. The Respondent will need to correct this by the appropriate means 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: 13 - Master bathroom shower handle to be replaced Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 14 - Cracks in grout needs repaired in showers Investigator’s Observation: Verified. Investigator observed multiple cracks in the grout at the master shower area. The Respondent will need to correct this by the appropriate means 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: 15 - Wood floor transitions for 5 rooms needs to be installed Investigator’s Observation: Respondent shall complete project per original 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 16 - LED Mirror installation in hallway bathroom Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 17 - Door stoppers needs to be replaced where new flooring and base boards have been installed. Investigator’s Observation: Verified. Door stops were missing. The Respondent will need to correct this by the appropriate means 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: 18 - Linen closet floor guide install Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 19 - Newly installed base boards need to be painted Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means Governing Rule: Violation of any rule adopted by the Registrar;

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

Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item: 20 - Multiple grout repairs needed in front room where base boards were installed. Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 21 - Lighting bracket in dinning to be replaced with a receptacle to accommodate a chandelier Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 22 - Splash guard install for sliding glass door in downstairs bathroom Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 23 - Verification that vent in laundry room is connected to appropriate ducting Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated 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: 24 - All new electrical needs to be inspected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 25 - Kitchen counter top to be cut to accommodate kitchen sink accessories and kitchen island sink as well. Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 26 - Installation of kitchen cabinet hinges for drawers by kitchen sinks Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 27 - Redo vent/hood installation in kitchen-Poor workmanship Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated Governing Rule:

Complaint Item: 28 - Metal trim install in kitchen Investigator’s Observation: Respondent shall complete project per original

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: 29 - Microwave installation/replacement of Damaged microwave Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 30 - Cabinet shelf replacement in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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: 31 - Touch ups to cabinets in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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: 32 - Kitchen island outlets installed in 2x4s-concerned with this structure strength Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: 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.

Complaint Item: 33 - Dishwasher needs to be secured-no bracket Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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: 34 - Drywall repair and outlet repair behind stove Investigator’s Observation: Unable to verify at the time of inspection due to the stove being in the way but Respondent should verify and correct if needed Governing Rule:

Complaint Item: 35 - Outlet under sink installed with drywall screws-also needs a cover Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 36 - All electrical to be inspected and up to code-ensure correct gauged wire used Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

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: 37 - Defective tile throughout home needs to be replaced Investigator’s Observation: During the inspection several tiles were shown to have discoloration at the ends of the tiles. Respondent should determine the cause and correct in the appropriate manner 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: 38 - All plumbing to be inspected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 39 - Drywall in garage needs repaired Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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: 40 - Under cabinet lighting needs to be fixed Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Complaint Item: 41 - Plumbing under master bathroom cabinet needs corrected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: Departure from or disregard of: (b) A building 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Complaint Item: 42 - Cosmetic damage to tub in hallway bathroom needs fixed Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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: 43 - Damaged “o” rings on shower sprayers in Master bathroom and hallway bathroom-Was informed this was already corrected and it was not-sprayers leak due to the damaged “o” ring Investigator’s Observation: Verified. Investigator was able to see one of the sprayers in the master bath with a cracked "O" ring and water dripping out of the sprayer. The Respondent will need to correct this by the appropriate means 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: 44 - Circular hardware on shower head in hallway bathroom to be replaced with a square one Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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: 45 - Back wall of cabinet to be replaced due to cutting the hole too big for the outlet in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

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: 46 - Numerous outlet covers needed. Investigator’s Observation: Verified. Investigator observed several outlets through out the home missing cover plates. The Respondent will need to correct this by the appropriate means 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.

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 # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 1 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 2 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 3 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 4 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 5 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 6 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 7 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 8 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 9 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 10 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 11 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 12 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 13 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 14 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 15 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 16 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 17 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 18 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 19 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 20 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 21 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 22 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 23 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 24 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 25 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 26 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 27 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 28 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 29 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 30 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 31 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 32 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 33 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 34 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 35 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 36 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 37 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 38 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 39 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 40 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 41 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 42 Complaint # 2023-13946 Inspection Date 01/09/2024 10:00 AM - Photo Page 43 Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

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: A B A Home Remodeling LLC DBA: 1930 E 3rd St Ste 18 Tempe, AZ 85281

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 17, 2024

License No. ROC 271056

Re:Complaint No. 2023-13946

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 reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1 - Multiple Drywall and paint repairs throughout the home Investigator’s Observation: Verified. Investigator observed a number of areas in the home where drywall patches had been made but not painted as well as areas still needing drywall repairs. Several nail pops as well as areas where nails from baseboard when through the wall need to be repaired. The Respondent will need to correct this 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 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.

Compliance Item: 2 - Base board repairs/installation by stairs x2 and hallway bathroom Investigator’s Observation: Verified. Investigator observed missing baseboard at the stairs and bathroom. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 3 - Nose board on stairs needs replaced Investigator’s Observation: Verified. Investigator observed large gaps around the treads of the stairs where it meets the drywall. A lot of the drywall looks damaged. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 4 - Tile flooring by stairs needs replaced Investigator’s Observation: During the inspection several tiles were shown to have discoloration at the ends of the tiles. Respondent should determine the cause and correct in the appropriate manner 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 5 - Crown molding in kitchen needs to be secured/loose in multiple locations Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 6 - Trim on kitchen cabinets needs to be secured Investigator’s Observation: Verified. Trim on island has fallen off. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 7 - Under cabinet lights by fridge needs to be pulled through Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 8 - Can lights buried under drywall-in kitchen and dinning-potentially hot wires Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: Departure from or disregard of: (b) A building

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item: 9 - Exposed hot electrical wires exposed in kitchen outlet Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. 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.

Compliance Item: 10 - Light installation in the kitchen/Dinning Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 11 - LED lighting in all bathrooms to be replace existing lights Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 12 - Light in closet not flush to wall. Investigator’s Observation: Verified. Investigator observed the ceiling

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 LED light was not square or flush to the ceiling. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 13 - Master bathroom shower handle to be replaced Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 14 - Cracks in grout needs repaired in showers Investigator’s Observation: Verified. Investigator observed multiple cracks in the grout at the master shower area. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 15 - Wood floor transitions for 5 rooms needs to be installed Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 16 - LED Mirror installation in hallway bathroom Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 17 - Door stoppers needs to be replaced where new flooring and base boards have been installed. Investigator’s Observation: Verified. Door stops were missing. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 18 - Linen closet floor guide install Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 19 - Newly installed base boards need to be painted Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 20 - Multiple grout repairs needed in front room where base boards were installed. Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 21 - Lighting bracket in dinning to be replaced with a receptacle to accommodate a chandelier Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 22 - Splash guard install for sliding glass door in downstairs bathroom Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 24 - All new electrical needs to be inspected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection.

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

Compliance Item: 25 - Kitchen counter top to be cut to accommodate kitchen sink accessories and kitchen island sink as well. Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 26 - Installation of kitchen cabinet hinges for drawers by kitchen sinks Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 28 - Metal trim install in kitchen Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 29 - Microwave installation/replacement of Damaged microwave Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 30 - Cabinet shelf replacement in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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.

Compliance Item: 31 - Touch ups to cabinets in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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.

Compliance Item: 32 - Kitchen island outlets installed in 2x4s-concerned with this structure strength Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: Departure from or disregard of: (b) A building

Compliance Item: 33 - Dishwasher needs to be secured-no bracket Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 35 - Outlet under sink installed with drywall screws-also needs a cover Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 36 - All electrical to be inspected and up to code-ensure correct gauged wire used Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 37 - Defective tile throughout home needs to be replaced Investigator’s Observation: During the inspection several tiles were

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 shown to have discoloration at the ends of the tiles. Respondent should determine the cause and correct in the appropriate manner 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.

Compliance Item: 38 - All plumbing to be inspected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 39 - Drywall in garage needs repaired Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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.

Compliance Item: 40 - Under cabinet lighting needs to be fixed Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 41 - Plumbing under master bathroom cabinet needs corrected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 42 - Cosmetic damage to tub in hallway bathroom needs fixed Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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.

Compliance Item: 43 - Damaged “o” rings on shower sprayers in Master bathroom and hallway bathroom-Was informed this was already corrected and it was not-sprayers leak due to the damaged “o” ring Investigator’s Observation: Verified. Investigator was able to see one of the sprayers in the master bath with a cracked "O" ring and water dripping out of the sprayer. The Respondent will need to correct this by the appropriate means 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.

Compliance Item: 44 - Circular hardware on shower head in hallway bathroom to be replaced with a square one

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’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 45 - Back wall of cabinet to be replaced due to cutting the hole too big for the outlet in kitchen Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. 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.

Compliance Item: 46 - Numerous outlet covers needed. Investigator’s Observation: Verified. Investigator observed several outlets through out the home missing cover plates. The Respondent will need to correct this by the appropriate means 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.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 23 - Verification that vent in laundry room is connected to appropriate ducting Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Compliance Item: 27 - Redo vent/hood installation in kitchen-Poor workmanship Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated Governing Rule:

Compliance Item: 34 - Drywall repair and outlet repair behind stove Investigator’s Observation: Unable to verify at the time of inspection due to the stove being in the way but Respondent should verify and correct if needed Governing Rule:

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [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 C009 04/21 Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 Respondent: A B A Home Remodeling LLC DBA: 1930 E 3rd St Ste 18 Tempe, AZ 85281

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 January 30, 2024

WARNING LETTER

Re: Complaint No. 2023-13946; License No. ROC 271056

Dear Respondent:

The Registrar received information indicating that you may be contracting with an unlicensed person named Hillstone Granite. Contracting with an unlicensed person is a violation of A.R.S. §§ 32-1154(A)(9) and (13)

A.R.S. § 32-1154(A)(9) states:

Attempting to evade this chapter by:

(a) Aiding or abetting a licensed or unlicensed person.

(b) Acting or conspiring with a licensed or unlicensed person.

(d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person with intent to evade this chapter.

Moreover, under A.R.S. § 32-1154(A)(13) a licensed contractor may not “[k]knowingly enter into a contract with a contractor for work to be performed for which a license is required with a person not duly licensed in the required classification.”

Violations of either A.R.S. § 32-1154(A)(9) or (13), if proved, would constitute grounds to suspend or revoke your license. Additionally, aiding and abetting an unlicensed person is a class 1 misdemeanor. A.R.S. § 32-1164(A)(1).

The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.

If you have any questions, feel free to contact me.

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: A B A Home Remodeling LLC DBA: 1930 E 3rd Street Suite 7 TEMPE, AZ 85281-2977

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 8, 2024

License No. ROC 271056

Re:Complaint No. 2023-13946

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

Maricopa County has completed their inspection and provided the direction to follow. The Directive is being reinstated and all work must be completed by the deadline date. 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 May 31, 2024.

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 12/23 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 5 - Crown molding in kitchen needs to be secured/loose in multiple locations Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

Compliance Item: 12 - Light in closet not flush to wall. Investigator’s Observation: Verified. Investigator observed the ceiling

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 LED light was not square or flush to the ceiling. The Respondent will need to correct this by the appropriate means 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 16 - LED Mirror installation in hallway bathroom Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 20 - Multiple grout repairs needed in front room where base boards were installed. Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means 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.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 29 - Microwave installation/replacement of Damaged microwave Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

Compliance Item: 37 - Defective tile throughout home needs to be replaced Investigator’s Observation: During the inspection several tiles were

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 shown to have discoloration at the ends of the tiles. Respondent should determine the cause and correct in the appropriate manner 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 41 - Plumbing under master bathroom cabinet needs corrected Investigator’s Observation: The Respondent will obtain a permit, correct any deficiencies required by the county/city, and pass final permit inspection. Governing Rule: 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.

Compliance Item: 44 - Circular hardware on shower head in hallway bathroom to be replaced with a square one

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. 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.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 27 - Redo vent/hood installation in kitchen-Poor workmanship Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated Governing Rule:

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [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 C009 12/23 Complainant: Diane Keep 10315 N Erin Ct Waddell, AZ 85355

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: A B A Home Remodeling LLC DBA: 1930 E 3rd Street Suite 7 TEMPE, AZ 85281-2977

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

C012 12/23 June 3, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13946

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, June 11, 2024 at 10:00 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,

James Carter, Investigator (602) 771-6770 [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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Diane Keep, Case No. 2023-13946 COMPLAINANT, v. A B A Home Remodeling LLC, CITATION License No. ROC 271056,

RESPONDENT.

The Registrar issues this Citation to A B A Home Remodeling LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 12, 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 7, 2023, Diane Keep, (“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)(a) Departure from or disregard of: (a) Plans or specifications 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 of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 have the particular construction project or operation completed in accordance with such plans and specifications and code. 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)(9)(a) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person. Charge :4 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

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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 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. 2023-13946. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 12, 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).

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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 INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a 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

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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 aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 27, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 27, 2024 to: Respondent Certified Mail No: [number redacted] A B A Home Remodeling LLC 1930 E 3rd Street Suite 7 TEMPE, AZ 85281-2977

Copy mailed by USPS First Class mail this same date to: Respondent A B A Home Remodeling LLC 1930 E 3rd Street Suite 7 TEMPE, AZ 85281-2977

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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 Complainant Diane Keep DBA: 10315 N Erin Ct Waddell, AZ 85355

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. 2023-13946

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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)

Diane Keep Mailing Address (Enter jobsite in Contract/Project section) City State Zip

10315 N Erin Ct Waddell Arizona 85355 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)

A B A Home Remodeling LLC ROC 271056 Street Address City State Zip

1930 E 3rd St Ste 18 Tempe AZ 85281 Phone Number Email

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

Joe Metry Contract/Project Information Contract Date Contract Amount Amount Paid

June 16, 2023 $201,535.67 $157,068.00 Date Work Started Date Work Stopped Date Work Was Completed

June 12, 2023 December 7, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

10315 N Erin Ct Waddell AZ 85355 Name of Construction Site Owner Construction Site Name (if applicable)

Diane Keep 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 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 Both This project was Residential This project involved Remodel

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

All electrical work performed during the remodel of our home. I was informed by a license and bonded electrician that the electrical work performed in the kitchen was not up to code. I have multiple exposed hot wires in the kitchen. ; Multiple plumbing issues were brought to the contractors attention. Multiple plumbers were sent to the house to fix. I now have concerns that the plumbing may not be up to code.

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

Diane Keep \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 December 14, 2023

Re: Complaint No. 2023-13946

Dear Respondent :

Below you will find a list of additional items received by this office concerning the above referenced complaint.

If you have any questions or comments, please feel free to contact me.

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Received 7/10/2024 ROC Legal Written answer to citation and complaint

Case number. 2023-13946

To Gail Matthews,

ABA Home Remodeling LLC would like to appeal this decision due to the fact the Diane Keep on several occasions refused entry to the home even after having previously arranged with us to have our sub-contractors go to her residence to complete the assigned task aforementioned by the ROC directive as to these occurrences we failed to meet the assigned deadline which I believe that she had done this on purpose as to make us pass said deadline.

To add, multiple line items on the directive were never agreed to as per the written agreement, also multiple items were added by her to our electrician without our consent.

She has been an extremely unreasonable person to work with as we believe she is trying to do anything to get out of making a ﬁnal payment and as the project was never completed although she states it was this entire complaint should be null and void. We have multiple sub-contractors that were refused access to the home even though they were scheduled to be there and approved by the homeowner, their statements can be provided if needed.

Also, during certain prescheduled appointments access to areas that needed to be worked on were not made accessible by the homeowner to which even further delayed these items from being able to be completed e.g. (drywall work was needed to be completed in the garage but due to car parts being in the way the work could not be carried out).

As for the countertops being cut to accommodate her sink accessories, the manufacturer of the quartz material states that the radius cuts she requested to ﬁt the chopping board is not recommended and would also void any warranty they provide.

As for the defects in the tile, the homeowner is the one who provided all tile and stated that she had spoken with the seller of the tile (ﬂoor and décor) and later changed this to that she hadn’t spoken to them, we the provided her with the information requested by the seller for her to ﬁle a warranty claim but we have heard nothing back regarding this matter. For the reason why it was caught before they were installed is that the defect couldn’t been seen until the grout was completed.

As to the delay at the beginning of the project, they decided to change their minds twice halfway through the shower being constructed in the downstairs shower.

Just so that it is made aware, the downstairs shower was also partially demolished by the homeowners after the cement board had been installed. Received 7/10/2024 ROC Legal Written answer to citation and complaint

Case number. 2023-13946

The microwave being damaged by us was agreed that we would take the cost of the microwave oﬀ the ﬁnal payment, and she would purchase a new one and we would install said new microwave but when the electrician came to install it, she still hadn’t made the purchase.

To the complaint about multiple body spray jets having damaged O-rings, it was discovered after they had been replaced that only one or two had damaged O-rings were not all defective/damaged as she stated, we believe they were damaged by the homeowner as parts were removed by them before the initial inspection.

The master shower handle, she stated herself that she removed it and since she improperly removed the handle which she had no need to do, had broken the small plastic catch inside of the handle.

The reduction in hot water, as she states due to our plumbing work, is completely inconsequential as it has nothing to do with the work that we performed.

The rattling in the upstairs hall bathroom is due to her placing the diverter valve in the middle of two positions which I observed during the initial complaint walkthrough and is not intended to be used in that manner.

Another item that increased the timeline of getting her project completed was after her master shower had been completed, she decided to add body sprays to the shower.

Another reason the timeline was extended even further was due to Maricopa County taking months to issue the permits.

And even once they were issued, we then needed a third-party special inspector, which we were meant to be provided a list of by the inspector but were never given said list and ﬁnding one that would perform the inspection turned out to be impossible. (Miguel Espinoza, [number redacted] county inspector).

Paint was also only to be done as needed to touch up any repairs, not the entire home, but the homeowner instructed the painter to paint the entire interior of the home and she wasn’t charged extra for that.

As to the metal tile edging in the kitchen, she spoke with the tile setters before they set the backsplash and had gone through with them how she would like the tile and the trim laid out but well after they had left, she decided to change her mind.

Also, at the beginning of the project she refused two of the electricians that we sent to her home, one of whom is the electrician who completed the project. Received 7/10/2024 ROC Legal Written answer to citation and complaint

Case number. 2023-13946

In response to the charges.

Charge :1 A.R.S 32-1145 (A)(2)(a)

All work was done or nearly done to the homeowner’s requests, as for plans we had shown her renderings for her kitchen and master bathroom layout which was approved and completed as such.

Charge :2 A.R.S 32-1145 (A)(3) – R4-9-108(a)

As mentioned in the beginning of this letter, the work was never completed, the majority of the homeowner’s complaints are for ﬁnishing touches.

Charge :3 A.R.S 32-1145 (A)(9)(a)

We were issued a written warning regarding using an unlicensed contractor.

Charge :4 A.R.S 32-1145 (A)(22)

We made several attempts to schedule sub-contractors with the homeowner, but she made it nearly impossible to do so as she consistently kept refusing to have anyone enter her home on the days that were available or gave us very few days on where she was available.

We would like to appeal this citation due to aforementioned statements especially regarding the refusal of access to the home as she was purposefully making us pass the deadline.

Please let me know if you have any questions, thank you for your time

David Yousef and Joe Metry

ABA Home Remodeling LLC Received 7/10/24, 10:54 AM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2023-13946 7/10/2024 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2023-13946 message

ABA Home Remodeling <[email redacted]> Wed, Jul 10, 2024 at 9:22 AM To: "[email redacted]" <[email redacted]>, David Yousef <[email redacted]>, Joe Metry <[email redacted]>

Please review the attached.

Thank you!

Bill

Bill Osenbau

Operations

1930 E. 3rd St. Suite 7

Tempe, AZ. 85288

(480) 988-1903 office

(480) 410-0040 cell

Diane Keeep complaint appeal letter .docx 21K

https://mail.google.com/mail/b/AEoRXRRNbKIPIps-5PMYUkjGk6OWVch8cfa08cy-H_UFYIlNT9bG/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 1/1 List of items that need to be completed:

• Multiple Drywall and paint repairs throughout the home • Nails in the wall from base board installation needs remedied. • Base board repairs/installation by stairs x2 and hallway bathroom • Nose board on stairs needs replaced • Tile ﬂooring by stairs needs replaced • Crown molding in kitchen needs to be secured/loose in multiple locations • Trim on kitchen cabinets needs to be secured • Under cabinet lights by fridge needs to be pulled through • Can lights buried under drywall-in kitchen and dinning-potentially hot wires • Exposed hot electrical wires exposed in kitchen outlet • Light installation in the kitchen/Dinning • LED lighting in all bathrooms to be replace existing lights • Light in closet not ﬂush to wall. • Master bathroom shower handle to be replaced • Cracks in grout needs repaired in showers • Wood ﬂoor transitions for 5 rooms needs to be installed • LED Mirror installation in hallway bathroom • Door stoppers needs to be replaced where new ﬂooring and base boards have been installed. • Linen closet ﬂoor guide install • Newly installed base boards need to be painted • Multiple grout repairs needed in front room where base boards were installed. • Lighting bracket in dinning to be replaced with a receptacle to accommodate a chandelier • Splash guard install for sliding glass door in downstairs bathroom. • Veriﬁcation that vent in laundry room is connected to appropriate ducting • All new electrical needs to be inspected • Kitchen counter top to be cut to accommodate kitchen sink accessories and kitchen island sink as well. • Installation of kitchen cabinet hinges for drawers by kitchen sinks • Redo vent/hood installation in kitchen-Poor workmanship • Metal trim install in kitchen • Microwave installation/replacement of Damaged microwave • Cabinet shelf replacement in kitchen • Touch ups to cabinets in kitchen • Kitchen island outlets installed in 2x4s-concerned with this structure strength • Dishwasher needs to be secured-no bracket • Drywall repair and outlet repair behind stove • Outlet under sink installed with drywall screws-also needs a cover • All electrical to be inspected and up to code-ensure correct gauged wire used • Defective tile throughout home needs to be replaced • All plumbing to be inspected • Drywall in garage needs repaired • Under cabinet lighting needs to be ﬁxed • Plumbing under master bathroom cabinet needs corrected • Cosmetic damage to tub in hallway bathroom needs ﬁxed. • Damaged “o” rings on shower sprayers in Master bathroom and hallway bathroom-Was informed this was already corrected and it was not-sprayers leak due to the damaged “o” ring. • Circular hardware on shower head in hallway bathroom to be replaced with a square one • Back wall of cabinet to be replaced due to cutting the hole too big for the outlet in kitchen • Numerous outlet covers needed. 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