20240619 Notice of Hearing Packet MAILED 2024-00070.pdf
2024A-00070-CHC-ROC · Registrar of Contractors · 2024-09-09
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Interior Motives Inc., Case No. 2024-00070
COMPLAINANT, Docket No. 2024A-00070-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE DW Acquisition Inc. DBA: Door Works License No. ROC 268466,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
August 6, 2024 9:00 AM Adam Stone 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 May 23, 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 June 19, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail June 19, 2024 to:
Respondent(s) DW Acquisition Inc. DBA: Door Works 2605 W 1st St Tempe, AZ 85281 Respondent's Attorney Michael D Curran Esq. 3200 N Central Ave Ste 1800 Phoenix, AZ 85012 Complainant(s) Interior Motives Inc. 16851 E Parkview Ave Fountain Hills, AZ 85268
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. 2024-00070 /
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 8, 2024
Jobsite Inspection Notice Re: Complaint Number 2024-00070
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for January 31, 2024 at 10:45 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. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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.
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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Jobsite Inspection Notes
Case No.: 2024-00070 Investigator: Robert Di Alto Inspection Date: January 31, 2024 Inspection Time: 10:45 AM
Complainant: Anita Lang Respondent: DW Acquisition Inc Not Present: Not Present:
Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.
Complaint Item: 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left and right doors bind on the flooring and have to be lifted up in order to close and open. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 2-Have crack in jamb, Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint #2024-00070 P 1 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 2 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 3 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 4 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 5 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 6 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 7 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 8 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 9 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 10 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 11 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 12 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 13 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complaint #2024-00070 P 14 JSI date 01/31/2024 at 10:45 AM JSI PHOTOS Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 8, 2024
License No. ROC 268466
Re:Complaint No. 2024-00070
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on February 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 reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Complaint Item: 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left and right doors bind on the flooring and have to be lifted up in order to close and open. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 2-Have crack in jamb, 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 Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
N/A Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 28, 2024
License No. ROC 268466
Re:Complaint No. 2024-00070
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (DUE DATE ONLY)
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 March 15, 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:
Complaint Item: 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left and right doors bind on the flooring and have to be lifted up in order to close and open. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 2-Have crack in jamb, 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 Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
N/A Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 18, 2024
License No. ROC 268466
Re:Complaint No. 2024-00070
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (DUE DATE ONLY)
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 March 29, 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:
Complaint Item: 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left and right doors bind on the flooring and have to be lifted up in order to close and open. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 2-Have crack in jamb, 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 Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
N/A Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 19, 2024
License No. ROC 268466
Re:Complaint No. 2024-00070
AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (DUE DATE ONLY)
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 April 07, 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:
Complaint Item: 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left and right doors bind on the flooring and have to be lifted up in order to close and open. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 2-Have crack in jamb, 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 Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
Complaint Item: 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
N/A Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 4/10/24, 9:02 AM State of Arizona Mail - RE: Amended Written Directive Due Date Only Complaint 2024-00070
Robert Di Alto <[email redacted]>
RE: Amended Written Directive Due Date Only Complaint 2024-00070 message
Lisa Helms <[email redacted]> Fri, Apr 5, 2024 at 3:41 PM To: Robert Di Alto <[email redacted]> Cc: Denis Fallon <[email redacted]>
Hello Mr. Di Alto,
We have completed the work at the Lang. We believe we have completed the items to the owner’s satisfaction.
Thank you,
Lisa Helms Controller
2605 W. 1st Street
Tempe, AZ 85281 Office (480) 367-1540 Fax (480) 609-9035
www.doorworksusa.com
[email redacted]
From: Robert Di Alto <[email redacted]> Sent: Tuesday, March 19, 2024 3:30 PM To: Lisa Helms <[email redacted]> Subject: Re: Amended Written Directive Due Date Only
https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/3 4/10/24, 9:02 AM State of Arizona Mail - RE: Amended Written Directive Due Date Only Complaint 2024-00070
Your welcome, please let me know in writing, when they complete the doors.
Robert Di Alto Robert Di Alto Investigator #228 Arizona Registrar of Contractors 1700 West Washington St., Suite 105 Phoenix, AZ 85007
602.771.6758
[email redacted]
Hours: Mon.- Fri. 8:00 AM - 5:00 PM
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
On Tue, Mar 19, 2024 at 3:22 PM Lisa Helms <[email redacted]> wrote:
Thank you, Mr Di Alto.
Lisa Helms Controller
2605 W. 1st Street
Tempe, AZ 85281 Office (480) 367-1540 Fax (480) 609-9035
www.doorworksusa.com
[email redacted]
https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/3 4/10/24, 9:02 AM State of Arizona Mail - RE: Amended Written Directive Due Date Only Complaint 2024-00070
From: Robert Di Alto <[email redacted]> Sent: Tuesday, March 19, 2024 2:33 PM To: [email redacted]; Lisa Helms <[email redacted]> Subject: Amended Written Directive Due Date Only
Please see the attached Amended Written Directive with new due date and call me if you have any questions.
Robert Di Alto Robert Di Alto Investigator #228 Arizona Registrar of Contractors 1700 West Washington St., Suite 105 Phoenix, AZ 85007
602.771.6758
[email redacted]
Hours: Mon.- Fri. 8:00 AM - 5:00 PM
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/3 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 April 16, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00070
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Tuesday May 7th, 2024 at 11:30 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 April 18, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00070
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Tuesday May 15th, 2024 at 10:30 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 April 19, 2024
Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00070
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for Tuesday May 21, 2024 at 10:15 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, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 12/23 Complaint #2024-00070 P 1 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 2 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 3 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 4 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 5 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 6 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 7 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 8 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 9 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complaint #2024-00070 P 10 CJSI date 05/21/2024 at 10:15 AM CJSI PHOTOS Complainant: Anita Lang 7429 E Lincoln Dr Scottsdale, AZ 85250
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: DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
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.: 2024-00070 Investigator: Robert Di Alto Inspection Date: 05/21/2024 Inspection Time: 10:15 AM
Compliance Jobsite General Notes:
CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file.
Compliance Item: 1 - 1-Bar doors that are sagging, Investigator’s Observation: Verified. I observed excessive sagging at both bar doors. The left door binds on the flooring and the right door binds on the flooring also, and had to be unloaded and lifted in order to be closed. Doors should be installed plumb and square in their frame, and should operate smoothly without binding on any door jamb, head jamb and should have proper flooring clearance. The Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Compliance Findings: Vertical reveals are uneven at the center of the doors when in the closed position, with the bottom being approximately 3/8” to ½” and approximately 1/8” at the top. Additionally the right door reveal is uneven, and is tight at the lower part of the door and larger at the top of the door. NOT CORRECTED
Compliance Item: 2 - 2-Have crack in jamb, Investigator’s Observation: Verified. I observed a rather large vertical crack in the R/H door jamb that was approximately 6” to 8” in length and just above the top hinge. The Complainant provided email evidence that demonstrates that the Respondent was notified of this concern in July and August of 2023. The Respondent also emailed the Complainant on October 16, 2023 stating, “The crack at the jamb had been puttied and filled and is no longer an issue.” The Respondent shall correct by the appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Compliance Findings: The crack in the jamb appears to be repaired. CORRECTED
Compliance Item: 3 - 3-Improperly installed possibly incorrect hinges, Investigator’s Observation: Verified. I reviewed hinge manufacturer’s hinge location recommendations and it appears that the hinges are not installed as per the recommended locations, or per the manufacturer’s recommended locations to increase the load capacity of the hinges. The Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Compliance Findings: I observed that an additional hinge was added at the upper area of each door. The addition of the hinge does not appear to address the door sagging issue. NOT CORRECTED
Compliance Item: 4 - 4-And do not close properly. Investigator’s Observation: Verified. This complaint item is related to complaint item #1. I observed the operation of both doors and they do not appear to function as intended. They do not swing smoothly and freely, and require extensive effort to operate. The reveals around the door perimeter are not consistent. The Respondent shall correct by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Compliance Findings: At the time of this compliance inspection the doors do not close properly. NOT CORRECTED
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
Interior Motives Inc, Case No. 2024-00070 COMPLAINANT, v.
DW Acquisition Inc, CITATION DBA: Door Works, License No. ROC 268466, RESPONDENT.
The Registrar issues this Citation to DW Acquisition Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 7, 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 January 3, 2024, Anita Lang (“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.
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 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. 2024-00070. 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, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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
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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 7, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE 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-
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 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 23, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 23, 2024 to:
Respondent Certified Mail No: [number redacted]
DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
Copy mailed by USPS First Class Mail this same date to:
Respondent DW Acquisition Inc DBA: Door Works 2605 W 1st St Tempe, AZ 85281
Complainant Interior Motives Inc 16851 E Parkview Ave Fountain Hills, AZ 85268
Interior Motives Inc 7007 E 5th Ave Scottsdale, AZ 85251 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. 2024-00070
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 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)
ANITA LANG Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7429 E Lincoln Dr Scottsdale, AZ Arizona 85250 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)
DW Acquisition Inc ROC 268466 Street Address City State Zip
2605 W 1st St Tempe AZ 85281 Phone Number Email
[number redacted] Name of Person(s) Representing License
Door Works Contract/Project Information Contract Date Contract Amount Amount Paid
October 19, 2021 $69,353.60 $69,353.60 Date Work Started Date Work Stopped Date Work Was Completed
August 1, 2023 October 1, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7429 E Lincoln Dr SCOTTSDALE AZ 85251 Name of Construction Site Owner Construction Site Name (if applicable)
ANITA LANG Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Email Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Written All change orders were Written This project was Residential This project involved Remodel
A building permit was obtained by Contractor 276975 Scottsdale, AZ 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)
Bar doors that are sagging, have crack in jamb, improperly installed possibly incorrect hinges, and do not close properly.
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
ANITA LANG \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 DOOR WORKS PAYMENT HISTORY PROJECT: LINCOLN SHOWHOUSE ADDRESS: 7429 E LINCOLN DRIVE, SCOTTSDALE, AZ, 85250
Check 5522 - 7/12/2023 - $11,633.10
Check 5478 - 4/26/2023 - $22,720.50
Check 4833 – 1/1/2022 - $35,000.00
TOTAL - $69,353.60 RECEIVED LEGAL 6/07/2024
Michael D. Curran, Bar No. 012677 MAYNARD CRONIN ERICKSON & CURRAN, P.L.C. 3200 N. Central Ave., Ste. 1800 Phoenix, AZ 85012 Telephone: (602) 279-8500 Facsimile: (602) 263-8185 [email redacted] Attorneys for Respondent DW Acquisition Inc. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Case No. 2024-00070 Anita Lang, WRITTEN ANSWER TO Complainant, CITATION AND COMPLAINT v. DW Acquisition Inc., Maynard Cronin Erickson & Curran, P.L.C.
3200 N. Central Avenue., Ste. 1800
DBA: Door Works, License No. ROC 268466, Phoenix, Arizona 85012 ATTORNEYS AT LAW
Respondent.
Respondent DW Acquisition Inc. (“Respondent”) hereby answers the Citation and Complaint on file in this matter by stating the following: Respondent has not violated A.R.S. §§ 32-1154(A)(3) – R4-9-108(a) and 32- 1154(A)(22). Respondent’s position is, and the facts will prove, as follows: Respondent manufactures and distributes doors and other related wood products, typically for high-end luxury homes. In this instance, Complainant and its general contractor requested that Respondent provide various doors and related hardware for a major remodel being done at 7429 E. Lincoln Drive. The entire “package” for doors, hardware and labor came to $69,353.60. The “package” included numerous doors for the remodel. The doors at issue here are listed on the Estimate as follows: “2 Bar PAIR 4-6 9-0 1-3/4in. 12”Horizontal Plain Slice White Oak Wire Brushed Door …1¼’ Custom Poplar Jamb / 4 540 3D A8 Tectus Hinges/Unfinished” RECEIVED LEGAL 6/07/2024
The cost for the doors in question was $6,826.00. The doors were to be installed in a “bar” area separating the bar room from the main living area. The doors were to be made of wood. The doors were initially installed and worked properly as designed. Because of changes made by the homeowner to the cabinetry inside the bar, the doors had to be uninstalled several times to adjust for the opening to be compatible with the adjustment to the cabinetry inside the bar. Respondent was not involved in the manufacture, installation, or placement of the cabinetry inside the bar. Once installed, the homeowner utilized the shelving that was placed on the inside of the doors inside the bar for storage of wine and other bar bottles and containers. This added additional weight to the already heavy doors. Respondent made adjustments to the hinges, added additional hinges, and took other steps to accommodate the additional weight placed on the doors. After making these adjustments, one of the doors continued to sag slightly such that it was hitting the flagstone flooring in this area. The Complainant was not happy with this. Respondent offered to remove the door one last time and make adjustments to the door that would ensure that it did not scrape on the rough, uneven flagstone in this area. Alternatively, Complainant’s general contractor suggested simply removing the one piece of flagstone that was the problem because it was raised 5/16 of an inch higher than the rest of the flagstone in that area. Complainant did not agree to do that remedy. Respondent has offered to fix the problem with the door. Complainant has refused that offer. Respondent has offered to remove the door system in this area entirely and refund the money to the Complainant. The Complainant has refused the offer. In sum, the Complainant has refused any remedies to fix the problem that is the subject of this complaint even thought remedies have been offered. There are four items listed on the Corrective Work Order/Written Directive:
RECEIVED LEGAL 6/07/2024
1. Bar Doors that are Sagging This issue is addressed above. The Respondent has offered to fix this problem and has been denied that opportunity. The other issue with respect to this item is that the uneven floor is a contributing factor. 2. Crack in Jamb The crack in the door jamb is a result of uninstalling and reinstalling the door three times to accommodate the changes in the bar floorplan and the cabinetry in the bar. Cracks are not indicative of poor workmanship but, common in the installation of woodwork in situations like this. The jamb has been repaired and it is not substandard work. 3. Improperly Installed Possibly Incorrect Hinges The inspector/investigator concluded that the hinges used were not proper. He claims that this is indicative of poor workmanship not performed in accordance with the professional industry standards. The investigator is incorrect in his conclusion. The hinges that were used are proper for this context and this door in particular. The door hinges are able to handle this capacity of the door. The additional weight placed on it by the homeowner is a contributing factor to the sagging. 4. Doors Do Not Close Properly This is a repeated statement of item no. 1 and is addressed in that section. The Respondent has offered to remedy this problem but has been denied that opportunity. RESPECTFULLY SUBMITTED this 7th day of June, 2024. MAYNARD CRONIN ERICKSON & CURRAN, P.L.C. By /s/Michael D. Curran Michael D. Curran 3200 N. Central Ave., Ste. 1800 Phoenix, Arizona 85012 Attorneys for Respondent DW Acquisition Inc.
RECEIVED LEGAL 6/07/2024
ORIGINAL of the foregoing e-mailed this 7th day of June, 2024, to:
Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 E-Mail: [email redacted] COPY of the foregoing mailed this 7th day of June, 2024, to: Complainant: Anita Lang 7429 E. Lincoln Dr. Scottsdale, Arizona 85250 Interior Motives Inc. 7007 E. 5th Avenue Scottsdale, Arizona 85251 Interior Motives Inc. 16851 E. Parkview Avenue Fountain Hills, Arizona 85268 By /s/Heidi Burnett
RECEIVED LEGAL 6/07/2024
Michael D. Curran, Bar No. 012677 MAYNARD CRONIN ERICKSON & CURRAN, P.L.C. 3200 N. Central Ave., Ste. 1800 Phoenix, AZ 85012 Telephone: (602) 279-8500 Facsimile: (602) 263-8185 [email redacted] Attorneys for Respondent DW Acquisition Inc. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Anita Lang, Case No. 2024-00070 NOTICE OF APPEARANCE Complainant, v. Maynard Cronin Erickson & Curran, P.L.C.
DW Acquisition Inc., 3200 N. Central Avenue., Ste. 1800
DBA: Door Works, Phoenix, Arizona 85012 ATTORNEYS AT LAW
License No. ROC 268466, Respondent. Notice is hereby given that Michael D. Curran, and his firm Maynard Cronin
Erickson & Curran, P.L.C., hereby appear as counsel for Respondent, DW Acquisition
Inc., in association with this case.
Maynard Cronin Erickson & Curran, P.L.C. hereby requests that any and all further
notice from the Court and parties be delivered to:
Michael D. Curran Maynard Cronin Erickson & Curran, P.L.C. 3200 N. Central Avenue, Suite 1800 Phoenix, Arizona 85012 Telephone: (602) 279-8541 Facsimile: (602) 263-8185 E-Mail: [email redacted] RECEIVED LEGAL 6/07/2024
RESPECTFULLY SUBMITTED this 7th day of June, 2024. MAYNARD CRONIN ERICKSON & CURRAN, P.L.C. By /s/Michael D. Curran Michael D. Curran 3200 N. Central Ave., Ste. 1800 Phoenix, Arizona 85012 Attorneys for Respondent DW Acquisition Inc. ORIGINAL of the foregoing e-mailed this 7th day of June, 2024, to: Registrar of Contractors 1700 W. Washington St., Ste. 105 Phoenix, AZ 85007 E-Mail: [email redacted]
COPY of the foregoing mailed this 7th day of June, 2024, to: Complainant: Anita Lang 7429 E. Lincoln Dr. Scottsdale, Arizona 85250 Interior Motives Inc. 7007 E. 5th Avenue Scottsdale, Arizona 85251 Interior Motives Inc. 16851 E. Parkview Avenue Fountain Hills, Arizona 85268 By /s/Heidi Burnett
RECEIVED LEGAL 6/07/2024
Answers - AZROC <[email redacted]>
Message from Mike Curran's Office re: Case No. 2024-00070; Respondent's Answer and Notice of Appearance message
Heidi Burnett <[email redacted]> Fri, Jun 7, 2024 at 10:51 AM To: "[email redacted]" <[email redacted]> Cc: Michael Curran <[email redacted]>
Good morning. Attached for filing are the following documents: (1) a Notice of Appearance; and (2) Respondent’s Written Answer to Citation and Complaint. If you are able, please provide me with confirmation that the attached documents have been filed. Thank you for your help with this matter. Heidi
Heidi Burnett
Legal Assistant to Michael D. Curran, Esq.
Maynard Cronin Erickson & Curran, PLC
3200 N. Central Avenue, Suite 1800
Phoenix, Arizona 85012
Direct Line: (602) 279-8655
Fax: (602) 263-8185
attachments NTC OF APPEARANCE_dw acquisition.pdf 101K ANSWER TO CITATION_dw acquisition.pdf 123K 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