2023A-13954-CHC-ROC Notice of Hearing and Packet MAILED
2023A-13954-CHC-ROC · Registrar of Contractors · 2024-05-07
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
William Cain , Case No. 2023-13954 COMPLAINANT, Docket No. 2023A-13954-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE America's Choice Roofing Corporation DBA: America's Choice Roofing, License No. ROC 347482,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
June 3, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on April 1, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of
any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles
regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The
written agreement must be filed with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated May 3, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail May 3, 2024 to: Respondent(s) America's Choice Roofing Corporation DBA: America's Choice Roofing, 71 River Bend Dr Great Falls, MT 59404
Complainant(s) William Cain 2532 N 72nd place Scottsdale, AZ 85257
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. 2023-13954 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: William Cain 2532 N 72nd place Scottsdale, AZ 85257
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: America's Choice Roofing Corporation DBA: America's Choice Roofing River Bend Dr Great Falls, MT 59404
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 8, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-13954
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for January 23, 2024 at 09:30 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, Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Complainant Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: William Cain 2532 N 72nd place Scottsdale, AZ 85257
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: America's Choice Roofing Corporation DBA: America's Choice Roofing River Bend Dr Great Falls, MT 59404
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 January 23, 2024
Re: Complaint Number 2023-13954
Dear Complainant and Respondent:
Due to unfavorable weather, the jobsite inspection scheduled for January 23, 2024 at 9:30 AM has been rescheduled for January 30, 2024 at 09:30 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Complainant Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Jobsite Inspection Notes
Case No.: 2023-13954 Investigator: Mark Nipp Inspection Date: 1/23/2024 Inspection Time: 9:30 AM
Complainant: William Cain Respondent: America’s Choice Not Present: Roofing Corporation (Shane Wood) Not Present:
Jobsite General Notes: N/A
Compliance Item #1: Fascia Board not fit to size and improperly secured to the roof. Investigator’s Observation: Verified The Respondent stated that they apparently put the wrong size boards on. I saw that the new fascia boards did not cover the rafter tails. I noted that the rafter tails had paint lines on them, indicating the old fascia boards did cover them. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.
Compliance Item #2: Drip edge improperly installed and not to code. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A
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: N/A
Compliance Item #3: Nails driven through the roof that were too long for the material and boards used, Over a dozen large nails protruding in various locations on the underside of roof. Investigator’s Observation: Verified I saw there were two missed nails on the fascia board and four locations where nails missed in the sheathing. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 4-8 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.
Compliance Item #4: Roof membrane is lifting from the roof, there is no adherence to the roof and it simply can be peeled away. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #5: Damage to shingles that were not properly secured, damage to additional shingles that are cracked and not fit. They are loose and can be pulled up easily. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #6: Roof membrane is not even or flush to the roof, it appears like a washboard when it should be flush. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #7: Roof Membrane material installed poorly and not correctly adhered, it simply peals away. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #8: Improper finish of roof vents that is not the correct size or diameter. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #9: Failure to secure an open section of roofing, a void was created as no wood was placed in the space created by a removed vent stack. This was covered over with the improperly installed roof membrane. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #10: We had to pick up 10 nails the contractors dropped in my yard that could have been run over with a lawnmower and caused serious injury. Trash and roofing nails left on the property we had to clean up. Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A). Additionally, the Complainant stated they picked up the nails.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
There was nothing to inspect. No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #11: The contractor failed to do the job after a month long delay for them to enlist sub-contractors that performed the job. Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A). The work is completed. No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #12: The Owner Jeanette Wood, on 12/07 after asked again to return to my home to repair these issues told me to use another crew, thus abandoning the job. Jeanette Wood's number can be seen in the screen shot and it’s the same number associated with their contractor's license. Investigator’s Observation: Not Verified - Insufficient Evidence The work was completed by the Respondent. There is no evidence to suggest the Respondent abandoned the project. No further action is required. Reference Picture(s) N/A Governing Rule: N/A
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 #2023-13954 P 1 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 2 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 3 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 4 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 5 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 6 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 7 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 8 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complaint #2023-13954 P 9 JSI Date 1/23/2024 at 9:30 AM JSI PHOTOS Complainant: William Cain 2532 N. 72nd Place Scottsdale, AZ 85257
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: America’s Choice Roofing Corporation DBA: America’s Choice Roofing River Bend Dr. Great Falls, MT 59404
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Click or tap to enter a date.
License No. ROC 347482
Re:Complaint No. 2023-13954
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 Monday, March 11, 2024.
RESTRICTIONS You may not perform or hire other contractors to perform work that is outside the scope of your license. If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item #1: Fascia Board not fit to size and improperly secured to the roof. Investigator’s Observation: Verified The Respondent stated that they apparently put the wrong size boards on. I saw that the new fascia boards did not cover the rafter tails. I noted that the rafter tails had paint lines on them, indicating the old fascia boards did cover them.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.
Compliance Item #3: Nails driven through the roof that were too long for the material and boards used, Over a dozen large nails protruding in various locations on the underside of roof. Investigator’s Observation: Verified I saw there were two missed nails on the fascia board and four locations where nails missed in the sheathing. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 4-8 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item #2: Drip edge improperly installed and not to code. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Compliance Item #4: Roof membrane is lifting from the roof, there is no adherence to the roof and it simply can be peeled away. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #5: Damage to shingles that were not properly secured, damage to additional shingles that are cracked and not fit. They are loose and can be pulled up easily. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #6: Roof membrane is not even or flush to the roof, it appears like a washboard when it should be flush. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #7: Roof Membrane material installed poorly and not correctly adhered, it simply peals away.
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: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #8: Improper finish of roof vents that is not the correct size or diameter. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #9: Failure to secure an open section of roofing, a void was created as no wood was placed in the space created by a removed vent stack. This was covered over with the improperly installed roof membrane. Investigator’s Observation: Corrected Prior to Jobsite Inspection by Respondent No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #10: We had to pick up 10 nails the contractors dropped in my yard that could have been run over with a lawnmower and caused serious injury. Trash and roofing nails left on the property we had to clean up. Investigator’s Observation: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A). Additionally, the Complainant stated they picked up the nails. There was nothing to inspect. No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #11: The contractor failed to do the job after a month long delay for them to enlist sub-contractors that performed the job.
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: Not Verified – This compliance item does not indicate poor workmanship or a violation of A.R.S. § 32-1154(A). The work is completed. No further action is required. Reference Picture(s) N/A Governing Rule: N/A Compliance Item #12: The Owner Jeanette Wood, on 12/07 after asked again to return to my home to repair these issues told me to use another crew, thus abandoning the job. Jeanette Wood's number can be seen in the screen shot and it’s the same number associated with their contractor's license. Investigator’s Observation: Not Verified - Insufficient Evidence The work was completed by the Respondent. There is no evidence to suggest the Respondent abandoned the project. No further action is required. Reference Picture(s) N/A Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Complainant Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 3/12/24, 8:33 AM State of Arizona Mail - RE : 20231208 C008
Mark Nipp <[email redacted]>
RE : 20231208 C008 message
America's Choice Roofing <[email redacted]> Wed, Mar 6, 2024 at 11:42 AM Reply-To: America's Choice Roofing <[email redacted]> To: Mark Nipp <[email redacted]>
Mark,
We are sending photos of the repaired fascia boards. (Sorry, thought we had already sent them to you.) William agreed to us fixing the issue by adding the piece of lumber on the bottom. They had a painter already scheduled to paint the new fascia boards so it will all be painted together.
America's Choice Roofing Shared a CompanyCam Gallery
America's Choice Roofing Shared a CompanyCam Gallery Check out these images that America's Choice Roofing shared using CompanyCam - a must have app for contractors.
Jeanette Wood Co Owner / Office Director | America's Choice phone: 480.852.7757 or 406-761-7663 website: americaschoiceroofing.com email: [email redacted]
https://mail.google.com/mail/u/0/?ik=6b738c81a6&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 Complainant: William Cain 2532 N 72nd place Scottsdale, AZ 85257
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: America's Choice Roofing Corporation DBA: America's Choice Roofing River Bend Dr Great Falls, MT 59404
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 March 22, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-13954
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Thursday, March 28, 2024 at 09:30 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Mark Nipp Mark Nipp, Investigator 602 7716740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Complainant Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complaint #2023-13954 P 1 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 2 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 3 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 4 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 5 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 6 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 7 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complaint #2023-13954 P 8 CJSI Date 3/28/2024 at 9:30 AM CJSI PHOTOS Complainant: William Cain 2532 N 72nd place Scottsdale, AZ 85257
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: America's Choice Roofing Corporation DBA: America's Choice Roofing River Bend Dr Great Falls, MT 59404
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-13954 Investigator: Mark Nipp Inspection Date: Thursday, March 28, 2024 Inspection Time: 09:30 AM
Compliance Jobsite General Notes: Compliance Item #1 was not corrected with acceptable minimum workmanship standards. All other items requiring corrective work were completed to acceptable standards.
Compliance Inspection Findings: I saw that the Respondent did not replace the entire fascia board, rather attached an additional board to the bottom of the fascia board. The additional board is screwed and partially sealed with caulking. However, this is not a professional and workmanlike repair. The additional board creates added area for water intrusion and the potential for each board to expand/contract at different rates, causing unsightly and damaging warpage.
When asked if he would be ok with this repair on his own home, the Respondent, Shane Wood, replied that he would be ok with it and that he sees no problem with the repair. The Respondent referred to it as exactly the same as if they had replaced the entire fascia board.
This repair is not acceptable and does not meet the standard for A.R.S. § 32-1154(A)(3); Namely R4- 9-108(A); A contractor shall perform all work in a professional and workmanlike manner. The Respondent has not complied with the Registrar’s Written Directive in violation of A.R.S. § 32- 1154(A)(22).
Reference CJSI Picture(s) 2-8
Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner. Governing Rule: A.R.S. § 32-1154(A)(22); Failure to take corrective action to comply with the Registrar’s Written Directive.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Notes from original Jobsite Inspection conducted on 01/30/2024: Compliance Item #1: Fascia Board not fit to size and improperly secured to the roof. Investigator’s Observation: Verified The Respondent stated that they apparently put the wrong size boards on. I saw that the new fascia boards did not cover the rafter tails. I noted that the rafter tails had paint lines on them, indicating the old fascia boards did cover them. The respondent should correct by appropriate means, pursuant to the contract, applicable building codes, and within the scope of their license. Reference Picture(s) 2-3 Governing Rule: A.R.S. § 32-1154(A)(3); Violation of any rule adopted by the registrar; Namely R 4-9-108(a): A contractor shall perform work in a professional and workmanlike manner.
Note: Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Mark Nipp Mark Nipp, Investigator (602) 771-6740 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Complainant Respondent 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
William Cain, Case No. 2023-13954 COMPLAINANT, v. America's Choice Roofing Corporation, CITATION DBA: America's Choice Roofing, License No. ROC 347482,
RESPONDENT.
The Registrar issues this Citation to America's Choice Roofing Corporation, DBA: America's Choice Roofing, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 16, 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, William Cain, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-13954. 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]
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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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 16, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).
RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge 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 April 1, 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, April 1, 2024 to: Respondent Certified Mail No: [number redacted] America's Choice Roofing Corporation DBA: America's Choice Roofing 71 River Bend Dr. Great Falls, MT 59404 Copy mailed by USPS First Class mail this same date to:
America's Choice Roofing Corporation DBA: America's Choice Roofing 71 River Bend Dr. Great Falls, MT 59404
Complainant William Cain 2532 N 72nd place Scottsdale, AZ 85257
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. 2023-13954 of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 4/15/24, 12:52 PM State of Arizona Mail - Case No 2023-13954
Answers - AZROC <[email redacted]>
Case No 2023-13954 messages
America's Choice Roofing <[email redacted]> Mon, Apr 15, 2024 at 11:48 AM Reply-To: America's Choice Roofing <[email redacted]> To: "[email redacted]" <[email redacted]>
To Whom it may concern,
We contracted with Mr. Cain to do his patio September 26th, 2024 to do his patio roof. He paid a down payment Oct 2nd, 2024 of $ 2,340.00. When we were not able to get to his project when we originally stated we refunded his full down payment with ck # 1452 on Oct 18th, 2024. We have not received any payment for the work completed.
We did his patio roof on Oct 26th - 27th, 2024 and at that time while we were onsite he ask for the rotten fascia boards to be replaced. This was not part of our contract but we said we would do it for him at no additional cost to help him out since we were already there. After it was done he stated he needed his insurance to look at it before he would pay the balance. ( It was an insurance job ) He followed up with us to say he was not happy with some areas of the patio roof and what appeared to be ripples on it. We inspected the roof on Nov 20th, and then we replaced the entire patio roof for Mr. Cain on or around Dec 19th - 20th, 2024.
After the replacement of the patio roof Mr, Cain said he was happy with the roof but wanted something done with the fascia boards on one side. During this time the roof was inspected by the state inspector and we believed it was found to be remedied to his satisfaction except for the fascia boards. Because the roof was already installed in order to not mess with the integrity of the roof and have to redo it, we added boards to the fascia. Which upon inspection the state inspector was not sure if that was a good fix.
We, of course, want to make sure Mr. Cain is happy with the overall project and have hopefully shown we are that by redoing the roof and as well as the fascia. We are more than willing to do whatever it takes to help resolve this matter. One option would be to install steel fascia on the board. But again, we are willing to do whatever we need to do to get this resolved for Mr. Cain and make sure he is happy with the end result. Thank you.
Jeanette Wood Co Owner / Office Director | America's Choice phone: 480.852.7757 or 406-761-7663 website: americaschoiceroofing.com email: [email redacted]
America's Choice Roofing <[email redacted]> Mon, Apr 15, 2024 at 12:12 PM Reply-To: America's Choice Roofing <[email redacted]> To: "[email redacted]" <[email redacted]>
Hello,
https://mail.google.com/mail/b/AEoRXRRGGiu5CSwkSu6ehtmmDCXKStsGqYbIFxu6vKFIOZlBlaoZ/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/3 4/15/24, 12:52 PM State of Arizona Mail - Case No 2023-13954
Please find the enclosed photos for this case.
November 20th 2024 America's Choice Roofing Shared a CompanyCam Gallery
America's Choice Roofing Shared a CompanyCam Gallery Check out these images that America's Choice Roofing shared using CompanyCam - a must have app for contractors.
December 20th 2024 America's Choice Roofing Shared a CompanyCam Gallery
America's Choice Roofing Shared a CompanyCam Gallery Check out these images that America's Choice Roofing shared using CompanyCam - a must have app for contractors.
March 6th 2024 America's Choice Roofing Shared a CompanyCam Gallery
https://mail.google.com/mail/b/AEoRXRRGGiu5CSwkSu6ehtmmDCXKStsGqYbIFxu6vKFIOZlBlaoZ/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 2/3 4/15/24, 12:52 PM State of Arizona Mail - Case No 2023-13954
America's Choice Roofing Shared a CompanyCam Gallery Check out these images that America's Choice Roofing shared using CompanyCam - a must have app for contractors.
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https://mail.google.com/mail/b/AEoRXRRGGiu5CSwkSu6ehtmmDCXKStsGqYbIFxu6vKFIOZlBlaoZ/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 3/3 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