2023A-14138-CHC-ROC Notice of Hearing & Packet MAILED 2023-14138.pdf

2023A-14138-CHC-ROC · Registrar of Contractors · 2024-05-21

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alan Contreras Mexia , Case No. 2023-14138

COMPLAINANT, Docket No. 2023A-14138-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE PH Quality Construction Inc. License No. ROC 334123,

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

HEARING INFORMATION The hearing is set for:

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

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on March 26, 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 22, 2024.

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

Copy mailed via USPS First Class mail May 22, 2024 to:

Respondent(s) PH Quality Construction Inc. PO Box 29746 Laughlin, NV 89028 Respondent's Attorney T'Shura-Ann Elias, Esq. 3640 Hwy 95 Ste 140 Bullhead City, AZ 86442 Complainant(s) Alan Contreras Mexia 1989 E Desert Greens Ln Fort Mohave, AZ 86426

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

Case No. 2023-14138 /

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: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

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: PH Quality Construction Inc. P.O. Box 29746 Laughlin, NV 89028

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 25, 2023

Respondent: PH Quality Construction Inc. P.O. Box 29746 Laughlin, NV 89028

Complainant: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

Jobsite Inspection Notice Re: Complaint Number 2023-14138

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for January 8, 2024 at 12:15 PM.  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. 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: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

========================================================== If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

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, /S/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: FILE

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 2023-14138 JSI PHOTOS - 1-8-24 1989 E. DESERT GREENS LN FT MOHAVE

ROC PHOTOS= P-01

P-02 P-03

Stove wall and stove cabinets not removed by contractor. Respondents estimate islimited.

P-04

Kitchen P-05

Dishwasher location with wing wall still in place.

P-06 P-07

Master bath.

P-08 P-09

Master bedroom door. Not trimmed out

P-10 P-11

Master shower missing base.

P-12

Master toilet room. R used baseboard instead of door casing P-13

P-14

Master bedroom wall facing kitchen. P-15

Master bedroom hall.

P-16

Living room carpet appears moldy. P-17

New, unfinished cabinets provided by R.

P-18

Existing stove cabinets still in place. C is claiming thee is mold there. 2023-14138 Photos from Complainant received after jobsite meeting. Taken by Complainant 1-15-24

(Complainant opened several walls after ROC onsite JSI meeting and found mold in several areas)

C-01 Pantry closet

C-02

Pantry C-03 Pantry

C-04 Pantry C-05 Pantry

C-06 Pantry C-07 C-08

C-09 Pantry C-10 C-12

C-13

Respondent pulled outside drywall and sealed/painted the studs (white) C-14

Wall between refrigerator and pantry.

C-15 C-16

C-17 C-18

C-19

Master bedroom wall. Kitchen on other side. Studs were painted/sealed by Respondent. C-20 C-21

C-22 C-23 C-24

C-25 C-26

C-27 Mold on Master bedroom wall. C-28 C-29 C-30

Master bedroom. Mold. C-31 Complainant: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

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: PH Quality Construction Inc Po Box 29746 Laughlin, NV 89028

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 7, 2024

Complainant: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

PH Quality Construction Inc. Po Box 29746 Laughlin, NV 89028

License No. ROC 334123

Re:Complaint No. 2023-14138

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 or before February 26, 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.

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

Compliance Item: 1 - PH Quality Construction was hired to remediate a mold issue we have in the residence in several areas like the kitchen, main hallway, master bedroom, and master bathroom. Phillip quoted us to replace a total of (8) - 4x8 drywall sheets and explained he would need to cut and remove a total of 4' from the floor up due to the extensive mold contamination. To our surprise, he cut 1' - 2' if that on most areas. Left plenty of visible molds and patched the areas as is. INVESTIGATORS OBSERVATIONS. Respondents estimate seems very limited in scope of remediation however considerable mold was observed in walls Respondent worked on. Complainant supplied photos of walls he opened after onsite meeting and considerable mold was present RESPONDENT SHOULD PROPERLY REMEIDIEATE ALL THE MOLD IN THE AREAS OF THE HOUSE HE CONTRACTED TO WORK ON, THIS WOULD INCLUDE THE BACK SIDE OF WALLS RESPONDENT WORKED ON. RESPONDENT SHOULD PROPERLY REPLACE, TAPE, TEXTURE AND PAINT TO MATCH ALL DAMAGED DRYWALL.

Compliance Item: 2 - 2. Texture match the mold-remediated areas to its surrounding wall surface, and paint to match the existing surface. Investigator’s Observation: All drywall and texture and paint need to be applied in a workmanlike manner, matching the surrounding area as closely as possible.

Compliance Item: 3 - Removal of all damaged drywall due to water damage and mold on the outside of the pantry and fridge area. Investigator’s Observation: RESPONDENT SHOULD PROPERLY REMEIDIEATE ALL THE MOLD IN THE AREAS OF THE HOUSE HE

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 CONTRACTED TO WORK ON, THIS WOULD INCLUDE THE BACK SIDE OF WALLS RESPONDENT WORKED ON.

Compliance Item: 4 - Bleach the affected areas. Investigator’s Observation: RESPONDENT SHOULD PROPERLY REMEIDIEATE ALL THE MOLD IN THE AREAS OF THE HOUSE HE CONTRACTED TO WORK ON, THIS WOULD INCLUDE THE BACK SIDE OF WALLS RESPONDENT WORKED ON.

Compliance Item: 5 - Test for Mold (I will need to be aware and present for the test to be conducted). We want to know where the tests are being processed and the turnaround for the test results. INVESTIGATORS OBSERVATIONS: The respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put undue restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

Compliance Item: 6 - Once we have the test results, free and clear. We can agree to move forward with the: Drywall patch, mud, texture match to the existing surrounding surface, and finish paint to match the existing surface. INVESTIGATORS OBSERVATIONS: The respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put undue restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

Compliance Item: 7 - There are (2) kitchen cabinets with significant water damage that need to be addressed by fixing or replacing.

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: Estimate does not specify which cabinets were to be removed and replaced. The stove cabinets were observed to have water damage at the onsite inspection. RESPONDENT SHOULD PROPERLY REMOVE AND REPLACE THESE CABINETS WITH CABINETS THAT MATCH THE ORIGINAL CABINETS.

Compliance Item: 9 - Install new cabinets, stain (to match the existing kitchen cabinets), and clear coat with a lacquered finish to match the existing cabinets (the cabinets need to be clear coated to be considered properly finished). INVESTIGATORS OBSERVATIONS: New cabinets should be properly stained and finished to match existing cabinetry. Typical finish is stain and lacquer. RESPONDENT SHOULD PROPERLY COMPLETE CABINET FINISH AND INSTALLATION.

Compliance Item: 10 - The butcher block purchased do not match with one another. All the butcher- block countertop needs to be "Hevea Butcher-block" as named on the label. Phillip purchased and brought a damaged piece. INVESTIGATORS OBSERVATIONS: Respondent should properly install the butcher block countertops. Countertops should be of a reasonable match to each other.

Compliance Item: 11 - The pantry and fridge area also have the baseboards missing that were removed as part of the remediation. Investigator’s Observation: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

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: 12 - Install a skin on all exposed compressed wood panels. Investigator’s Observation: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

Compliance Item: 15 - scrub surfaces to remove mold spores and filter the air. Investigator’s Observation: INVESTIGATORS OBSERVATIONS: The Respondent should properly remediate the mold in the areas he contracted to do. The Respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put undue restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

Compliance Item: 16 - The casing on the door leading to the master bedroom, and the powder room in the master bath needs to be installed, filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim. INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

Compliance Item: 17 - Replacing or fixing of water-damaged sink cabinet in the master bath. Investigator’s Observation: RESPONDENT SHOULD PROPERLY REPAIR OR REPLACE THE WATER DAMAGED VANITY CABINET IN MASTER BATH.

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: 18 - Installation of baseboards throughout the master bath, which includes filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim. INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc. RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

NOTE: RESPONDENT SHOULD NOT USE BASEBOARD MATERIAL FOR DOOR CASING LIKE MASTER TOILET ROOM.

Compliance Item: 19 - The hallway leading to the "Primary Bedroom" has baseboards missing that were removed as part of the remediation (the existing Baseboard molding is out of "pine wood" and we want the same material NOT MDF. INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc. MDF is standard material for the industry. There is no information in the estimate requiring special base material.

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 - The jamb of the primary bedroom door was damaged through the remediation process and needs to be fixed. Investigator’s Observation: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

===============================================

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

Compliance Item: 8 - All the pre-existing and existing Kitchen Base Cabinets have pull-out shelves. The new cabinets need to have this functionality to match what was existing. INVESTIGATORS OBSERVATIONS: All cabinets on the sink side of the kitchen were removed and not onsite for inspection. There was a stack of what appeared to be pull out shelves in the corner of the kitchen. Insufficient evidence to support any conclusion as to any special features the replacement cabinets should have. NO CONTRACTOR ACTION REQUIRED.

Compliance Item: 13 - Put back all removed carpet and padding throughout the house that was removed during the remediation process, vacuum clean, clean tile floors and rooms from all debris caused by the remediation process. INVESTIGATORS OBSERVATIONS: There is nothing in the Estimate regarding floor covering and or carpet. Insufficient evidence to support allegation. NO CONTRACTOR ACTION REQUIRED.

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: 14 - Install the carpet that was removed. Investigator’s Observation: There is nothing in the Estimate regarding floor covering and or carpet. Insufficient evidence to support allegation. NO CONTRACTOR ACTION REQUIRED.

Compliance Item: 21 - Replace the 16 Linear feet of fascia boards Phillip originally quoted us to replace on the front entry of the home. Investigator’s Observation: The section of fascia the Respondent replaced next to chimney appeared to be less than 24-inches. There did not appear to be any workmanship issue with the repair. This would now be a contract / m0ney dispute and outside the jurisdiction of the Registrar. NO CONTRACTOR ACTION REQUIRED.

Compliance Item: 22 - There's peeling and chipping of paint throughout the fascia boards of the property should consist of scraping all the peeling paint, sanding all rough edges of the peeling/chipped paint to smooth, and filling of any gaps on fascia board joints by applying fiberglass bondo and sand to smooth. The paint finish is included in this scope of work. INVESTIGATORS OBSERVATIONS: The Complainant was in the process of correcting the fascia at the time of the inspection. Per A.R.S. 32-1155, D-2. If the Respondents work has been altered or modified by the H/O or others then the ROC is prohibited by statute from issuing a Citation against the licensee for that issue.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

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: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

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: PH Quality Construction Inc P.O. Box 29746 Laughlin, NV 89028

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 March 19, 2024

Respondent: PH Quality Construction Inc P.O. Box 29746 Laughlin, NV 89028

Complainant: Alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426

Case No.: 2023-14138 Investigator: Cliff Corlett Inspection Date: 4-19-24 Inspection Time: N/A

Compliance Jobsite General Notes: On February 7, 2024 the Registrar of Contractors issued a Written Directive for case 2023-14138 directing PH Quality Construction Inc to make certain corrections to the Complainants property located at 1989 E. DesertGreens Ln. Ft. Mohave AZ. On February 26, 2024 the ROC received an email from the Complainant stating that there has been no corrective work scheduled or performed.

Compliance Findings: RESPONDENT ID NOT IN COMPLIANCE.

Compliance Item: 1 - Complaint allegation submitted in narrative form, over 125 characters: Investigator’s Observation: 1. PH Quality Construction was hired to remediate a mold issue we have in the residence in several areas like the kitchen, main hallway, master bedroom, and master bathroom. Phillip quoted us to replace a total of (8) - 4x8 drywall sheets and explained he would need to cut and remove a total of 4' from the floor up due to the extensive mold contamination. To our surprise, he cut 1' - 2' if that on most areas. Left plenty of visible molds and patched the areas as is.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 INVESTIGATORS OBSERVATIONS. Respondents estimate seems very limited in scope of remediation however considerable mold was observed in walls Respondent worked on. Complainant supplied photos of walls he opened after onsite meeting and considerable mold was present RESPONDENT SHOULD PROPERLY REMEIDIEATE ALL THE MOLD IN THE AREAS OF THE HOUSE HE CONTRACTED TO WORK ON, THIS WOULD INCLUDE THE BACK SIDE OF WALLS RESPONDENT WORKED ON.

Compliance Item: 5 - Complaint allegation submitted in narrative form, over 125 characters: Investigator’s Observation: Test for Mold (I will need to be aware and present for the test to be conducted). We want to know where the tests are being processed and the turnaround for the test results.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 INVESTIGATORS OBSERVATIONS: The respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put burdenous restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

Compliance Item: 6 - Complaint allegation submitted in narrative form, over 125 characters: Investigator’s Observation: Once we have the test results, free and clear. We can agree to move forward with the: Drywall patch, mud, texture match to the existing surrounding surface, and finish paint to match the existing surface. INVESTIGATORS OBSERVATIONS: The respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put burdenous restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

Compliance Item: 7 - There are (2) kitchen cabinets with significant water damage that need to be addressed by fixing or replacing. Investigator’s Observation: Estimate does not specify which cabinets were to be removed and replaced. The stove cabinets were observed to have water damage at the onsite inspection. RESPONDENT SHOULD PROPERLY REMOVE AND REPLACE THESE CABINETS WITH CABINETS THAT MATCH THE ORIGINAL CABINETS.

Compliance Item: 9 - Complaint allegation submitted in narrative form, over 125 characters: Investigator’s Observation: Install new cabinets, stain (to match the existing kitchen cabinets), and clear coat with a lacquered finish to match the existing cabinets (the cabinets need to be clear coated to be considered properly finished). INVESTIGATORS OBSERVATIONS: New cabinets should be properly stained and finished to match existing cabinetry. Typical finish is stain and lacquer.

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 SHOULD PROPERLY COMPLETE CABINET FINISH AND INSTALLATION.

Compliance Item: 10 - Complaint allegation submitted in narrative form, over 125 characters: Investigator’s Observation: The butcher block purchased do not match with one another. All the butcher-block countertop needs to be "Hevea Butcher-block" as named on the label. Phillip purchased and brought a damaged piece. INVESTIGATORS OBSERVATIONS: Respondent should properly install the butcher block countertops. Countertops should be of a reasonable match to each other.

Compliance Item: 12 - Install a skin on all exposed compressed wood panels. Investigator’s Observation: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

Compliance Item: 15 - scrub surfaces to remove mold spores and filter the air. Investigator’s Observation: INVESTIGATORS OBSERVATIONS: The Respondent should properly remediate the mold in the areas he contracted to do. The Respondent must be allowed reasonable access to perform the required corrective work, the Complainant may not put burdenous restrictions on the Respondent or require any additional performance actions that were not in the original contract/agreement.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 16 - Complaint allegation submitted in narrative form, over 125 characters:: Investigator’s Observation: The casing on the door leading to the master bedroom, and the powder room in the master bath needs to be installed, filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim. INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

Compliance Item: 18 - Complaint allegation submitted in narrative form, over 125 characters:: Investigator’s Observation: Installation of baseboards throughout the master bath, which includes filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim. INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc. NOTE: RESPONDENT SHOULD NOT USE BASEBOARD MATERIAL FOR DOOR CASING LIKE MASTER TOILET ROOM.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 19 - Complaint allegation submitted in narrative form, over 125 characters:: Investigator’s Observation: The hallway leading to the "Primary Bedroom" has baseboards missing that were removed as part of the remediation (the existing Baseboard molding is out of "pine wood" and we want the same material NOT MDF). INVESTIGATORS OBSERVATIONS: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc. MDF is standard material for the industry. There is no information in the estimate requiring special base material..

Compliance Item: 20 - The jamb of the primary bedroom door was damaged through the remediation process and needs to be fixed. Investigator’s Observation: RESPONDENT SHOULD PROPERLY COMPLETE ALL REMEDIAL MILLWORK. I.E. BASEBOARDS, DOOR CASEING, etc.

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,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file 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

alan Contreras Mexia Case No. 2023-14138 COMPLAINANT, v. PH Quality Construction Inc CITATION License No. ROC 334123,

RESPONDENT.

The Registrar issues this Citation to PH Quality Construction Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 10, 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).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On December 13, 2023, alan Contreras Mexia (“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.

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).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 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. 2023-14138. 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 April 10, 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,

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE 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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 26, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 26, 2024 to:

Respondent Certified Mail No: [number redacted]

PH Quality Construction Inc Po Box 29746 Laughlin, NV 89028

Copy mailed by USPS First Class mail this same date to:

PH Quality Construction Inc Po Box 29746 Laughlin, NV 89028

Complainant alan Contreras Mexia 1989 E. Desert Greens Ln. Fort Mohave, AZ 86426 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. 2023-14138 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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)

alan Contreras Mexia Mailing Address (Enter jobsite in Contract/Project section) City State Zip

1989 E. Desert Greens Ln. Fort Mohave Arizona 86426 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)

PH Quality Construction Inc ROC 334123 Street Address City State Zip

2013 Ramar Ave. Bullhead City Arizona 86442 Phone Number Email

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

Phillip Horsey Contract/Project Information Contract Date Contract Amount Amount Paid

September 12, 2023 $14,072.50 $6,332.63 Date Work Started Date Work Stopped Date Work Was Completed

September 25, 2023 October 10, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1989 E. Desert Greens Ln. Fort Mohave AZ 86426 Name of Construction Site Owner Construction Site Name (if applicable)

Alan Contreras Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Both All change orders were N/A This project was Residential This project involved Repair

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)

There are (2) kitchen cabinets with significant water damage that need to be addressed by fixing or replacing. ; All the pre-existing and existing Kitchen Base Cabinets have pull-out shelves. The new cabinets need to have this functionality to match what was existing. ; Texture match the mold-remediated areas to its surrounding wall surface, and paint to match the existing surface; PH Quality Construction was hired to remediate a mold issue we have in the residence in several areas like the kitchen, main hallway, master bedroom, and master bathroom. Phillip quoted us to replace a total of (8) - 4x8 drywall sheets and explained he would need to cut and remove a total of 4' from the floor up due to the extensive mold contamination. To our surprise, he cut 1' - 2' if that on most areas. Left plenty of visible molds and patched the areas as is.; Removal of all damaged drywall due to water damage and mold on the outside of the pantry and fridge area. ; Bleach the affected area ; Test for Mold (I will need to be aware and present for the test to be conducted). We want to know where the tests are being processed and the turnaround for the test results.; Once we have the test results, free and clear. We can agree to move forward with the: Drywall patch, mud, texture match to the existing surrounding surface, and finish paint to match the existing surface. ; Install new cabinets, stain (to match the existing kitchen cabinets), and clear coat with a lacquered finish to match the existing cabinets (the cabinets need to be clear coated to be considered properly finished). ; The butcher block purchased do not match with one another. All the butcherblock countertop needs to be "Hevea Butcherblock" as named on the label. Phillip purchased and brought a damaged piece ; Install a skin on all exposed compressed wood panels. ; Replace the 16 Linear feet of fascia boards Phillip originally quoted us to replace on the front entry of the home.; There's peeling and chipping of paint throughout the fascia boards of the property should consist of scraping all the peeling paint, sanding all rough edges of the peeling/chipped paint to smooth, and filling of any gaps on fascia board joints by applying fiberglass bondo and sand to smooth. The paint finish is included in this scope of work.; Replacing or fixing of water-damaged sink cabinet in the master bath.; The casing on the door leading to the master bedroom, and the powder room in the master bath needs to be installed, filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim.; Installation of baseboards throughout the master bath, which includes filling all nail holes with wood putty and sand to smooth. Filling with painters caulking throughout the edges and gaps for a clean finish look. Paint finish to match the existing painted trim.; Put back all removed carpet and padding throughout the house that was removed during the remediation process, vacuum clean, clean tile floors and rooms from all debris caused by the remediation process. ; The hallway leading to the "Primary Bedroom" has baseboards missing that were removed as part of the remediation (the existing Baseboard molding is out of "pine wood" and we want the same material NOT MDF).; The jamb of the primary bedroom door was damaged through the remediation process and needs to be fixed. ; The pantry and fridge area also have the baseboards missing that were removed as part of the remediation.; install the carpet that was removed ; scrub surfaces to remove mold spores and filter the air.

Signature

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

alan Contreras Mexia \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 DocuSign Envelope ID: B2AB59F1-E885-4944-8651-392A616B115F 3899A966-15D0-4F63-9246-C27E3949EFCB

PH Quality Construction Inc. ( ) Labor Phillip E. Horsey 2013 Ramar Ave BHC, Az 86442 (x) Materials & Labor Licensed general contractor ( ) Materials only 702.449.2456 cell ( ) Estimate [email redacted] ROC# 334123/KB1 Company Name Contact Names: Susan Torres Maribelle Serrano Address: 1989 E. desert Green Lane Ft Mohave, Az 86426 Contact Phone: 909.568.6648 Services Description Cost

Invoice

8-Sheets4x8x1/2 MR Remove/Install/ Paint/ Texture drywall Kitchen, MB and MB-Bath $2536.00 This will remove the mold. Will be completed within 15 days. sq ft Remove/ Install Counter Tops (Butcher Block) $2200.00

LF Remove/ Install Base Boards and Paint $1800.00

RO systems Remove/ install Cabinets $2464.00

Wax Ring, 10’-Pex, 5-Valves Remove/ re-Install Plumbing Fixtures $1500.00 This will fix the leak that caused the mold. Paint, 16’ Facia BD, 10 Roof Tiles Remove/Install Facia and Roof Tiles $2500.00

Total $13,000.00 Tax .0825 Sub-total $1,072.50 Balance due $14,072.50

9/12/2023 | 2:38 PM PDT Signature:__________________________________________ Date:________________ DocuSign Envelope ID: B2AB59F1-E885-4944-8651-392A616B115F 3899A966-15D0-4F63-9246-C27E3949EFCB

9/12/2023 | 1:33 PM PDT

9/12/2023 | 1:24 PM MST DocuSign Envelope ID: DBF73B65-98FF-40FE-8B8C-BAAFD6FF9839

( ) Labor Phillip E. Horsey 2013 Ramar Rd Bullhead City, Az 86442 (X) Materials & Labor Licensed general contractor ( ) Materials only 702.449.2456 cell ( ) Estimate [email redacted] ROC# 334123/KB1 Contact Names: Susan Torres Maribel Serrano Address: 1989 E. Desert Greens Contact Phone: 909.568.6648 Services Description Cost

Explanation of Services

Mold Remediation 1) Test effected areas…... $0.00 2) Assess Length of time area has been without source of moisture (Dried > 48 hour, ideal). Identify moisture source and repair… 3) Treat identified areas and or remove…… 4) Retest identified areas 5) Remediate if necessary 6) Past reference Priscilla Montoya 1477 Verde Dr. Bullhead City, AZ 8664

PH Quality Construction Inc. will follow EPA guidelines and recommendations in EPA guide Mold Remediation in Schools and Commercial Buildings, the guidelines of the American Conference of Governmental Industrial Hygienists (ACGIH); Institute of Inspection, Cleaning and Restoration Certification (IICRC); or other guidelines from professional or government organizations."

9/20/2023 Signature:__________________________________________ Date:________________ Susan Torres Maribel Serrano

9/20/2023 9/20/2023 DocuSign Envelope ID: DBF73B65-98FF-40FE-8B8C-BAAFD6FF9839 Received 4/10/2024 ROC Legal

T'shura-Ann Elias, State Bar No. 025460 LUNDBERG & ELIAS, PLLC 3640 Highway 95, Suite 140 Bullhead City, Arizona 86442 Telephone: (928) 704-7267 Email: [email redacted] Attorney for Respondent

BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA ALAN CONTRERAS MEXIA, Case No.: 2023-14138 Complainant,

vs. ANSWER TO CITATION PH QUALITY CONSTRUCTION, INC. License No. ROC 334123

Respondent. Respondent PH Quality Construction, Inc. (hereinafter "Respondent"), by and through its counsel

undersigned, hereby answers the Citation and Complaint in this matter as follows:

THE WRITTEN CQMPLAINT I. In responding to the allegations contained in the Written Citation, Respondent admits that on December 13, 2023, Complainant Alan Contreras Mexia (hereinafter "Complainant") filed a written complaint with the Arizona Registrar of Contractors ("ROC"). Respondent denies the remaining allegations contained in this portion of the Citation and Respondent affirmatively alleges that it has not committed an act that would be cause for suspension and/or revocation of its license pursuant to A.R.S § 32-1154 et. seq.

Received 4/10/2024 ROC Legal

A FORMAL STATEMENT OF THE CHARGES IN THE WRITTEN COMPLAINT 2. Respondent denies Charge 1 of the Citation and affinnatively alleges that Complainant refused to penn it Respondent access to the property prior to the Complaint. Respondent also affinnatively alleges that on February 26,2024 at 2:02p.m., Respondent requested access to Complainant's property but Complainant denied access to Respondent and/or prevented Respondent's subcontractors from completing the corrective work order in a timely manner. Respondent further alleges it did not receive the corrective work order from the Registrar until February 26, 2024.

3. Respondent denies Charge 2 of the Citation and affinnatively alleges that Complainant

refused to penn it Respondent access to the property prior to the Complaint. Respondent also affinnatively

alleges that on February 26,2024 at 2:02p.m., Respondent requested access to Complainant's property but Complainant denied access to Respondent and/or prevented Respondent's subcontractors from completing the corrective work order in a timely manner. Respondent further alleges it did not receive the corrective work order from the Registrar until February 26, 2024. 4. Any and all complaints and allegations contained in the Citation that have not been specifically denied in this Answer are hereby denied by Respondent.

5. Respondent asserts and re-affinns all defenses which may be available to it in this matter,

including defenses provided by statute, the Arizona Administrative Code, Arizona Rules of Civil Procedure,

and/or any other source.

WHEREFORE having answered all the allegations in the Citation, Respondent respectfully requests the following relief: A. The dismissal ofthe Citation in the above-entitled matter; B. In the alternative, should the matter not be dismissed, a hearing on the issues raised in the Citation; C. For such other relief that is proper under the circumstances.

j Received

~ 4/10/2024 ROC Legal

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1rl RESPECTFULLY SUBMITTED this /O~ay of April 2024. i 2 j LUNDBERG & ELIAS, PLLC ••f ~

I 4 I ~ 6 T'shura-Ann Elias t Attorney for Respondent I 6

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!4 I! Received 4/10/2024 ROC Legal

Mexia adv. PH Quality Construction, Inc. Case No. 2023-14138

VERIFICATION

STATE OF ARIZONA ) )ss. County of Mohave ) I, Phillip Horsey, say that I am the qualifying party for the Respondent in the above-entitled matter; that I am the owner of PH Quality Construction, Inc.; that I have read the foregoing Answer to the

Citation and know the contents thereof; that the statements made therein are true and correct to the best of

my knowledge and belief except as to those matters stated therein based on information and belief and as

to such matters I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct. ~L DATED this E_ day of April, 2024.

II 18 -rlt_ SUBSCRIBED AND SWORN before me, the undersigned notary public, this}!__ day of I 19 ~'0l") 20~ by Phillip Horsey. I 20

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I 23 I 24 I My Commission Expires: JENNIFER L. WESCOTT ! 26 NOTARY PUBLIC· ARIZONA Mohave County

Il 27 Commission # 659035 '"-""'"~•_, M Comm. Ex . Nov. 17 2027

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f Received 4/10/2024 ROC Legal

Certificate of Service ORIGINAL ofthe foregoing filed with th~Registrar of Contractors this ~\.day of April 2024. COPIF;~ofthe foregoing mailed and emailed this i)!_ ~ay of April 2024 to:

Dylan Warwick Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix, Arizona 85007-2812 Email: [email redacted] (Via Email)

Alan Contreras Mexia 1989 E. Desert Greens Lane Fort Mohave, Arizona 86426 Complainant

Received 4/11/24, 7:59 AM State of Arizona Mail - Mexia adv. PH Quality Construction - 2023-14138 4/10/2024 ROC Legal

Answers - AZROC <[email redacted]>

Mexia adv. PH Quality Construction - 2023-14138 message

Law Firm Receptionist <[email redacted]> Wed, Apr 10, 2024 at 2:01 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Tiana Hunter <[email redacted]>

Legal Department:

Please see attached Notice of Appearance and Answer to Citation in the above stated matter.

Sincerely,

Jennifer Wescott

Legal Secretary

Lundberg & Elias, PLLC

3640 Highway 95, Suite 140

Bullhead City, Arizona 86442

Telephone: (928) 704-7267

Facsimile: (928) 704-7269

_______________________________________________________________________________

The information contained in this e-mail message, and any attachments hereto, is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately reply by email or by calling (928) 704-7267 to notify us of this error, and immediately delete the original and all copies of this message, including any copies contained in any deleted items folder. Unauthorized disclosure, copying, distribution, reliance or use is prohibited. Neither this e-mail nor its attachment(s) establish an attorney-client relationship, constitute an electronic signature or provide consent to contract electronically, unless expressly so stated by Lundberg & Elias, PLLC attorney in the body of this e-mail or an attachment.

FEDERAL TAX ADVICE DISCLAIMER: Under U.S. Treasury Regulations, we are informing you that, to the extent that this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used for the purpose of avoiding federal tax penalties.

_______________________________________________________________________________

attachments

https://mail.google.com/mail/b/AEoRXRSVfoM5zLy6eENoRQAjTAy7GV21TWI1T4DQGdq7H08-OCiq/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/2 Received 4/11/24, 7:59 AM State of Arizona Mail - Mexia adv. PH Quality Construction - 2023-14138 4/10/2024 ROC Legal 240410 Notice of Appearance.pdf 50K 240410 Answer to Citation.pdf 113K

https://mail.google.com/mail/b/AEoRXRSVfoM5zLy6eENoRQAjTAy7GV21TWI1T4DQGdq7H08-OCiq/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alan Contreras Mexia, Case No. 2023-14138 COMPLAINANT,

PH Quality Construction Inc, ORDER DENYING REQUEST TO License No. ROC 334123, DISMISS

RESPONDENT.

BACKGROUND On March 26, 2024, the Registrar issued a Citation against Respondent’s License No. ROC 334123, charging Respondent with violations of A.R.S. § 32-1154(A)(3) and (22). On April 10, 2024, Respondent filed an Answer. The Answer included a request to dismiss the Citation, alleging (1) Respondent did not receive the Written Directive until February 26, 2024, and (2) that Complainant denied access to comply with the Written Directive. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated April 29, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Arizona Registrar of Contractors Copy mailed via USPS First Class Mail April 29, 2024 to: Respondent PH Quality Construction Inc PO Box 29746 Laughlin, NV 89028 Respondent’s Attorney T’Shura-Ann Elias, Esq. Lundberg & Elias PLLC 3640 Hwy 95 Ste 140 Bullhead City, AZ 86442

Complainant Alan Contreras Mexia 1989 E Desert Greens Ln Fort Mohave, AZ 86426 Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-14138 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3