2024A-00385-CHC-ROC Notice of Hearing & Packet MAILED 2024-00385.pdf

2024A-00385-CHC-ROC · Registrar of Contractors · 2024-05-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Hannah Ruiz , Case No. 2024-00385

COMPLAINANT, Docket No. 2024A-00385-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Infinity Kitchens and Baths LLC DBA: IKAB License No. ROC 339999,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

July 8, 2024 1:00 PM 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 April 22, 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 30, 2024.

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

Copy mailed via USPS First Class mail May 30, 2024 to:

Respondent(s) Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301 Complainant(s) Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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. 2024-00385 /

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: Hannah Ruiz 12940 e stonewall dr Humboldt, AZ 86329

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: Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301

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 22, 2024

Jobsite Inspection Notice Re: Complaint Number 2024-00385

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for February 12, 2024 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 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, Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 February 7, 2024

Jobsite Inspection Notice Re: Complaint No. 2024-00385

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for February 12, 2024 at 11:00am has been rescheduled for February 20th, 2024 at 10am.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Should you have any questions regarding the above, please contact me.

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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 C010 12/23 Complainant: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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: Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301

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 21, 2024

License No. ROC 339999

Re:Complaint No. 2024-00385

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 Friday, 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.

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 - Laundry room, Laundry flooring under sink has huge opening Investigator’s Observation: Confirmed. There are unsightly gaps around the laundry sink drain in the floor. Flooring around drain should not have gaps, Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 2 - Guest bathroom, new flooring is uneven and detaching Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 3 - Guest bathroom, silicone was used to glue flooring down Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 4 - Flooring Project throughout home has lippage, is splitting, has gaps and is sealed with silicone caulk

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: Confirmed. The flooring installation project throughout the home does not meet workmanship standards. There are gaps in several areas of the flooring throughout the home. There is lippage throughout the home. There the floor is cracking in several locations throughout the home. There are several areas where clear silicone was used to "seal" gaps. The flooring should be installed over a properly prepared subfloor with no cracking, gaps, lippage or silicone and per manufacturer's recommendations. Contractor should identify all areas of the flooring project that have cracking, gaps, lippage and silicone and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 5 - Guest bathroom, flooring is not leveled ; Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 6 - Guest bathroom, holes in new flooring Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 8 - Guest bathroom, crack inside new bathtub, scuff marks on outside of new bathtub Investigator’s Observation: Confirmed. The new tub has a small crack in it as well as scuff marks on the exterior. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 10 - Guest bathroom, bathtub creeks due to no support under new bathtub Investigator’s Observation: Confirmed. The bathtub squeaks when walked on. The tub should not squeak. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 11 - Utility closet, old flooring was removed but new flooring was never installed Investigator’s Observation: Confirmed. The flooring in the utility room is not finished. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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 - Kitchen, uneven flooring ; Kitchen, new flooring is splintering and chipping Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 13 - Kitchen, missing kickboards never installed Investigator’s Observation: See Allegation # 7 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 14 - Kitchen, new flooring is detaching and creasing Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 15 - Kitchen, cupboards have been broken from demo by stove and under kitchen sink Investigator’s Observation: Confirmed. There are two cabinets that have loose face frames. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 16 - Main bedroom, gap between flooring and exterior door; Main bedroom, flooring is uneven between main bedroom and bathroom Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 19 - Main bathroom, new countertop was over measured causing a gap between cupboard and shower Investigator’s Observation: Confirmed. Thais has created a gap between the cabinet and the wall. There should not be a gap between the two. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 21 - Main bathroom, burn mark on new mirror Investigator’s Observation: Confirmed. There is a mark on the new mirror. Contractor should repair or replace by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 22 - Main bathroom, chips on new counter top Investigator’s Observation: Confirmed. There are chips in the counter tops. Contractor should verify any of these chipped areas and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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: 24 - Main bathroom, ponywall next to toilet has silicone stuck to it Investigator’s Observation: Confirmed. There is caulk on the wall. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 26 - Main bathroom, new shower wall was not capped Investigator’s Observation: Confirmed. There should be a cap on the tall pony wall. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 28 - Main bathroom, shower is not draining properly ; Plumbing was done by an unlicensed contractor without our knowledge in Investigator’s Observation: Confirmed. The shower pan fills with water. Contractor should determine cause and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 31 - Living room, new curved base board is not painted the same as the other new base boards Investigator’s Observation: Confirmed. The curved section has a different color paint. The paint should match. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 32 - Front door, new flooring has a gap between floor and wall; Front door,new flooring has chips and splintering ; Front doo Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 33 - Paid extra to have all flooring leveled properly and was not done Investigator’s Observation: There is no evidence to suggest more money was paid to have flooring leveled. However, subfloor should be prepared properly in order to comply with workmanship standards. See Allegation #4. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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: 34 - Baseboards not completed Investigator’s Observation: Confirmed. There are several areas throughout the project that need the baseboards finished. Contractor should complete by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 35 - Spout too low in main bath. Investigator’s Observation: Confirmed. The spout was installed lower than agreed upon. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 9 - Guest bathroom, new fan was not put in Investigator’s Observation: The fan option was eliminated.

Compliance Item: 17 - Main bathroom, new showerpan is 5" shorter on width and was never discussed with us ; Investigator’s Observation: There is no evidence to support this allegation.

Compliance Item: 18 - Main bathroom, old pony wall was removed without permission ; Investigator’s Observation: There is no evidence to support this allegation.

Compliance Item: 20 - Main bathroom, new shower wall was not on contract ; Investigator’s Observation: There is no evidence to support this allegation.

Compliance Item: 23 - Main bathroom, new countertop was not what we ordered Investigator’s Observation: After conversations with both parties concerning what was verbally agreed upon versus what is in writing, the tops

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 are not required to be replaced.

Compliance Item: 25 - Main bathroom, new fan was not put in; Investigator’s Observation: The fan option was eliminated.

Compliance Item: 27 - Main bathroom, new shower shelf accumulates water Investigator’s Observation: The shelf tilts towards the shower. No repair required.

Compliance Item: 30 - Living room, baseboards have scuffs on them and are not caulked completely Investigator’s Observation: It is unclear what has caused the scuffs.

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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 6, 2024

License No. ROC 339999

Re:Complaint No. 2024-00385

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 the home. There the floor is cracking in several locations throughout the home. There are several areas where clear silicone was used to "seal" gaps. The flooring should be installed over a properly prepared subfloor with no cracking, gaps, lippage or silicone and per manufacturer's recommendations. Contractor should identify all areas of the flooring project that have cracking, gaps, lippage and silicone and repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 5 - Guest bathroom, flooring is not leveled ; Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 6 - Guest bathroom, holes in new flooring Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 7 - Guest bathroom, kickboards are missing under cupboards,baseboards are not installed Investigator’s Observation: Confirmed. The toe kicks are missing on several cabinets throughout the project. Toe kicks should be installed at cabinets where appropriate. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 8 - Guest bathroom, crack inside new bathtub, scuff marks on outside of new bathtub

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: Confirmed. The new tub has a small crack in it as well as scuff marks on the exterior. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 12 - Kitchen, uneven flooring ; Kitchen, new flooring is splintering and chipping Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 13 - Kitchen, missing kickboards never installed Investigator’s Observation: See Allegation # 7

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 16 - Main bedroom, gap between flooring and exterior door; Main bedroom, flooring is uneven between main bedroom and bathroom Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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: 21 - Main bathroom, burn mark on new mirror Investigator’s Observation: Confirmed. There is a mark on the new mirror. Contractor should repair or replace by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 23 - Main bathroom, new countertop was not what we ordered Investigator’s Observation: Confirmed. Even though the color change may have been agreed to verbally, the contract states that no verbal agreements will be binding. The main bathroom countertops should match what the contract says. Contractor should replace countertop with the color selected in the original contract by appropriate means. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Compliance Item: 29 - Garbage disposal was installed improperly, water has a hard time draining Investigator’s Observation: Confirmed. Disposal has been repaired. However there is a leak at the pea trap area. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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: 31 - Living room, new curved base board is not painted the same as the other new base boards Investigator’s Observation: Confirmed. The curved section has a different color paint. The paint should match. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 34 - Baseboards not completed Investigator’s Observation: Confirmed. There are several areas throughout the project that need the baseboards finished. Contractor should complete by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

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: 35 - Spout too low in main bath. Investigator’s Observation: Confirmed. The spout was installed lower than agreed upon. Contractor should repair by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 9 - Guest bathroom, new fan was not put in Investigator’s Observation: The fan option was eliminated. Governing Rule:

Compliance Item: 17 - Main bathroom, new showerpan is 5" shorter on width and was never discussed with us ; Investigator’s Observation: There is no evidence to support this allegation. Governing Rule:

Compliance Item: 18 - Main bathroom, old pony wall was removed without permission ; Investigator’s Observation: There is a change order dated 10/09/23 that states Cap and build out pony wall in master shower with quartz. This would indicate an agreement was made concerning the pony wall. Governing Rule:

Compliance Item: 20 - Main bathroom, new shower wall was not on contract ;

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: There is no evidence to support this allegation. Governing Rule:

Compliance Item: 25 - Main bathroom, new fan was not put in; Investigator’s Observation: The fan option was eliminated. Governing Rule:

Compliance Item: 27 - Main bathroom, new shower shelf accumulates water Investigator’s Observation: The shelf tilts towards the shower. No repair required. Governing Rule:

Compliance Item: 30 - Living room, baseboards have scuffs on them and are not caulked completely Investigator’s Observation: It is unclear what has caused the scuffs. Governing Rule:

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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 6, 2024

License No. ROC 339999

Re:Complaint No. 2024-00385

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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: 5 - Guest bathroom, flooring is not leveled ; Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 6 - Guest bathroom, holes in new flooring Investigator’s Observation: See Allegation #4 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-109.

Compliance Item: 8 - Guest bathroom, crack inside new bathtub, scuff marks on outside of new bathtub

Compliance Item: 13 - Kitchen, missing kickboards never installed Investigator’s Observation: See Allegation # 7

ITEMS NOT REQUIRING CORRECTION

The following complaint items require no action by the Respondent:

Compliance Item: 9 - Guest bathroom, new fan was not put in Investigator’s Observation: The fan option was eliminated. Governing Rule:

Compliance Item: 20 - Main bathroom, new shower wall was not on contract ;

Compliance Item: 25 - Main bathroom, new fan was not put in; Investigator’s Observation: The fan option was eliminated. Governing Rule:

Compliance Item: 27 - Main bathroom, new shower shelf accumulates water Investigator’s Observation: The shelf tilts towards the shower. No repair required. Governing Rule:

Compliance Item: 30 - Living room, baseboards have scuffs on them and are not caulked completely Investigator’s Observation: It is unclear what has caused the scuffs. Governing Rule:

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

Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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: Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301

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

C012 12/23 March 28, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-00385

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, April 17, 2024 at 12:00 PM 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,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 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: Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333

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: Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301

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.: 2024-00385 Investigator: Mike Wiskow Inspection Date: Wednesday, April 17, 2024 Inspection Time: 12:00 PM

Compliance Jobsite General Notes: Photos taken with Pixel 6 Pro. Audio recorded with Pixel Pro 6 digital voice recorder.

Complainant was asked if any directive items have not been completed. The following are the allegations that the complainant is still concerned with:

Compliance Findings:

Compliance Item: 4 - Flooring Project throughout home has lippage, is splitting, has gaps and is sealed with silicone caulk Investigator’s Observation: Confirmed. The flooring installation project throughout the home does not meet workmanship standards. There are gaps in several areas of the flooring throughout the home. There is lippage throughout the home. There the floor is cracking in several locations throughout the home. There are several areas where clear silicone was used to "seal" gaps. The flooring should be installed over a properly prepared subfloor with no cracking, gaps, lippage or silicone and per manufacturer's recommendations. Contractor should identify all areas of the flooring project that have cracking, gaps, lippage and silicone and repair by appropriate means. A substantial amount of flooring was replaced. However there is a chip in the flooring between the bedrooms as well as a small cut in the flooring in the laundry room. There’s also a gap or chip in the floor in the main bath. -Not Completed.

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: 7 - Guest bathroom, kickboards are missing under cupboards,baseboards are not installed Investigator’s Observation: Confirmed. The toe kicks are missing on several cabinets throughout the project. Toe kicks should be installed at cabinets where appropriate. Contractor should repair by appropriate means. Baseboards were used as toe kicks in the main and master baths. They are not tall enough. -Not Completed

Compliance Item: 34 - Baseboards not completed Investigator’s Observation: Confirmed. There are several areas throughout the project that need the baseboards finished. Contractor should complete by appropriate means. There is a baseboard in the laundry area that has a crack in the caulking. -Not Completed

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

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Mike Wiskow Mike Wiskow, Investigator 602 7716750 [email redacted] 1700 W Washington StSte 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Hannah Ruiz, Case No. 2024-00385 COMPLAINANT, v. Infinity Kitchens and Baths LLC, CITATION DBA: IKAB License No. ROC 339999,

RESPONDENT.

The Registrar issues this Citation to Infinity Kitchens and Baths LLC DBA: IKAB

(“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May

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.

THE WRITTEN COMPLAINT

On January 10, 2024, Hannah Ruiz (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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 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. 2024-00385. How to File a Written Answer: Respondent’s written answer may be submitted in the

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 May 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. 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

of 6

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

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated April 22, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, April 22, 2024 to: Respondent Certified Mail No: [number redacted] Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301 Copy mailed by USPS First Class mail this same date to:

Respondent Infinity Kitchens and Baths LLC DBA: IKAB 1961 Ventnor Circle Prescott, AZ 86301 Complainant Hannah Ruiz 11215 E Watkins Dr. Mayer, AZ 86333 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

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Case No. 2024-00385/du

of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 LEGAL RECEIVED 05/06/2024

“Written Answer to Citation and Complaint” Case No. 2024-00385 Opening Statement: My name is Stephen Hunt. I have been in the Kitchen and Bath remodeling industry since 1988. I Started Three Day Kitchen and Bath in 2022 and hired a statuary agent to set up my company with the Corporations Commission, the Secretary of State and the Registrar of contractors. I set up payroll and all Licensed sub-contractors through ADP for weekly payrolls, I procured a bond and purchased a million dollars of Liability Insurance as well as Workers Compensation through the Hartford Insurance Group and opened a Showroom / Receiving facility located at 723 N. Montezuma St. Prescott Az. 86301. In September of last year, I was served a notice of intent to sue me for Trade Mark Infringement from the law firm of “Berry PLLC” representing a company named “3 Day Kitchen and Bath” and after speaking with an attorney regarding the cost involved I defending the name style of Three Day Kitchen and Bath, LLC and uncertainty of the outcome I came to the conclusion to Re-Brand as Infinity Kitchens and Baths, LLC keeping my Lic. # 339999 I mention this so that no one might think LEGAL RECEIVED 05/06/2024

that there were any nefarious intentions behind the name change. (paperwork available upon request) Most of my clients have become dear friends and I have been referred by them, I have done several additional jobs for them, I have invited to and attended their weddings, their family celebrations, and a few of my clients had my wife and I for dinner in appreciation for the work that I have had performed in their homes. (References available upon request ) The clients who filed this complaint are a one off and not the normal course of how our projects progress or how our business operates. I work Monday through Saturday and speak to my w-2 employees and MY 1099 Sub-Contractors each Sunday in order to schedule for Monday’s activities. I take being a Licensed Contractor as an honor and a great responsibility. This business, the quality of work, and my clients’ needs, and my reputation in our community are extremely important to me.

Statement about the project as a whole: LEGAL RECEIVED 05/06/2024

Prior to a complaint being filed with the Registrar of Contractors and after the demolition of the project, I spoke to the Ruiz family on several occasions their manufactured home required re- leveling. The floor was squeaking in two bedrooms and one hallway. While on the job-site I sent one of my employees to go to the Home Depot while I awaited their return and purchase 5 lbs. of 31/2” Deck screws and witnessed him screwed down these deck screws every four inches along the sub floor seams and every 6” along the flooring joists where the squeaking was coming from in the guest bedroom. The squeaking persisted, Mr. Ruiz witnessed this event and again I spoke to the Ruiz family about getting the house re-leveled, Luis Ruiz responded that “the squeaking did not bother him, and the home had been re-leveled within the last two years.” I explained as best as I could to him that luxury vinyl plank flooring must have a level floor or will tend to split and crack if the flooring is not level and or has movement. Luis’s response was, “I’m not worried about those areas, we rarely use those rooms.” In hindsight, I should have stopped the project at that time or created a change order to correct the problem at that time and I sincerely regret not doing so. LEGAL RECEIVED 05/06/2024

The Contract addendum stated that the project would be done in two stages, please see attached Addendum. EXIBIT A We began on the North side of the home that included the guest bathroom, two bedrooms and the laundry room and kitchen flooring. At the fabrication shop there was a mix up as I had two clients’ counter tops delivered at on the same load, and the fabricators put in the wrong stone, instead of “Ajax White Quartz “the Fabricators installed a Calacutta Fusion Quartz in the guest bathroom. Hanna brought this to my attention and stated that “she likes it better”, she asked me if I could also put the same Calacutta Fusion in her primary bathroom when we get to that second phase of the project. I agreed, I only, in hindsight, wish I had put that into a formal change order but at the time I didn’t feel it was necessary because she seemed so pleased with the upgraded stone. A few weeks later, working on the other side of the house the Fabricators installed the Calacutta Fusion in their primary bathroom, Both Hanna and Luis praised the fabricators how wonderful it looked. I purchased the new matching stone and instructed the fabricators to put the same stone in the Primary bathroom as well. Much to my surprise, it was noted on the complaint that we installed the wrong material in both LEGAL RECEIVED 05/06/2024

bathrooms, I never would have bought the matching quartz at a increased price if not requested. I would have simply had the fabricators take out the counters in the guest bath and re-fabricate and install the Ajax White that was at the time in their facility already, at the time she seemed very happy to have the new stone Nothing was brought to my attention regarding this until I received the original complaint notice. (Of course, I Repurchased the Ajax White stone, hired a delivery company to bring it up from Phoenix and paid the fabricators to remove, Fabricate and replace the stone as instructed, then hired Copper King Plumbing to re-install the (3) vanity sinks and faucets), which had been on the complaint notice. This item is not on the Citation order, I only tell this story to show the behavior of the customer as I feel that they are trying to set me up to not pay the final balance, and perhaps more, I want to mention that Hanna told two of my employees prior to this that I will never see another dime from her. I sub-contracted the flooring project to Yavapai Flooring LLC Ernest Gardner Lic. 342375 Once the Flooring began, I was Contacted by Hanna Ruiz who at that stage was complaining about the flooring LEGAL RECEIVED 05/06/2024

installation, and I made an appointment with Hanna to meet with Ernest of Yavapai Flooring and his employee who was performing the flooring installation, to examine the work. When we met at the Ruiz residence was no resistance from Ernest or myself and the employee was instructed by Ernest that certain areas needed to come out, be prepared with leveling compound and redone, all were in agreement to fix the problem at hand. I agreed to purchase a few hundred square feet of new Flooring from MSI Inc. and had it delivered to the Ruiz home the following Monday and the worker returned. During this time, I came down with a bad case of Covid and was absent except for telephonically during that time. After three weeks I contacted Luis Ruis to let him know that I have tested clear with the covid. Mr. Ruiz told me he would like me to stay away from his home for an additional week due to the fact that he has a 4-year-old son that would get sick if I was still contagious, I agreed. Unfortunately, repairs that were attempted on the floor turned out to be worse after the attempted repair than at the first meeting. At this time Ernest was in the Philippines for a 30-day visit and I assured the clients we would correct the situation. I am usually at all my customers’ homes between 2 to 4 times a week. LEGAL RECEIVED 05/06/2024

Hanna Ruiz asked to have a meeting to go over some issues including the flooring, and she would have one of her relatives attend who was a long- time contractor. At that meeting Hanna and the relative addressed every issue with me and I agreed to correct every issue, that is except one. That was to tear out and rebuild her primary shower larger. (which was dismissed from the initial inspection by Inspector Wiskow), At this stage Hanna informed me that she was going to contact the Registrar of Contractors and file a complaint. I made a very bad mistake the Investigator scheduled the meeting for 10:00 a.m. and I misread and immediately put it on my schedule for 12:00 , I showed up at the house and no one would open the door. I went back to my vehicle and looked at the Inspection notice and was horrified to see the error I made on the time. I immediately contacted from the clients driveway Inspector Wiskow to let him know that I would never have missed this meeting, I lost my chance to defend myself on several important issues. Investigator Wiskow assured me that he had all of the information necessary, and I will receive paperwork shortly. I did receive paperwork that stated to contact the clients within 15 days to try and come to a settlement agreement. I contacted Hanna LEGAL RECEIVED 05/06/2024

Ruiz, and we met in person along with her husband Luis. During that meeting we addressed every issue on her complaint and I told her that we could handle this one of two ways, first I be allowed to come in and make all repairs requested or Two we can come to a financial agreement and part ways. Her response was “Regardless we are going to continue with the Registrar of Contractors and let them handle it. I then received a Directive sighting and exhaustive list of 34 items of which 8 of them were removed by the investigator during his inspection, they are items # 9 – #17 – #18 – #20 – #23 – #25 – #27 and item #30. We began the repairs from the Directive and due to the large amount of work involved and delivery dates of new products and sub-contractors schedules we requested and were granted a couple of extensions. As a side note when I was granted a second extension, Luis Ruiz accused me of having some inside contacts at the Registrar of Contractors where I do not know a single soul. Response to Compliance Findings: Item # 4 LEGAL RECEIVED 05/06/2024

The entire manufactured home is 1568 Sq. Ft. I could not get any co-operation from the Sub- Contractor at this time, in fact I was told by Investigator Wiskow that the owner of Yavapai Flooring denies being involved in the project, which is ridiculous because he was at the Ruis Home on two occasions and spoke with them about the issues. I asked and pleaded with Hanna Ruiz to allow me to file a complaint against Yavapai Flooring ,LLC but she would have to allow an investigator to come back to the house for a re-inspection. She refused. Trying to get this project done and behind me I made an agreement that if Yavapai Flooring would come in and remove the damaged areas salvaging as much material as possible, they could just walk away, and I will not pay them any additional money or go after them for damages. Yavapai Flooring they agreed to this and removed the flooring. I did not want a repeat of what had previously happened. I Purchased a little over 1000 Sq. Ft. of flooring from MSI And had it delivered to the Ruiz Home. I contacted a trusted Source and friend,Dan Hussey who owns Totally Floored ROC 322313 and asked him to help me out of this flooring mess. He sent his best crew, between the flooring material, delivery and installation I spent close to $ LEGAL RECEIVED 05/06/2024

7,000.00 to repair the floors between material and labor. I had replaced the Laundry room, two of the smaller bedrooms the kitchen, the hallway, part of the Primary Bedroom, and the Primary bathroom and closet. This includes moldings, caulking, paint touch up, and trash haul as well. I believe I acted in good faith on this, however when I attended the compliance meeting there were still yet some minor issues. When I brought this to the attention of Mr. Hussey of Totally Floored he said no problem we can get right out there and repair whatever the problem is. I told him I would have to get permission from the owner to see is they were going to let us back in. SEE EXIBIT B-mail exchange Please note that Totally Floored stands ready willing and able to fix the minor issues on the flooring that remain.

Item # 7 Most cabinet toe kicks are 3 3/4” to 4” tall, when the project began it was discovered that there was several layers of flooring installed one on top of the other to include vinyl, cement board, more vinyl, and topped LEGAL RECEIVED 05/06/2024

off with tile. At that time there was a change order made to remove the flooring down to the sub-floor. This required the use of a jack hammer, scrapers, etc. as a result there was some inevitable consequential damage done to some of the toe kicks, more over the toe kicks now did not reach the new floor, when Hanna asked what could be done I told her that I could purchase new toe kicks and stain them to match as close as possible but I would have to charge her for that. She asked if we could use the same molding we put throughout her house, and she asked be how much that would cost? I told her that we stock those and pre-paint them at our facility, I will do it for free. She said great. The base moldings are El and EL brand MUL 329 3 ½” and we held up a piece at her toe kick and she said she loved it. The truth is that they look much better then what she had, the existing cabinets are all torn up, scratched, paint spots on them, that I find it hard to understand why this has become and issue on this project, the small gap is at the top of the toe kick and unnoticeable unless you get down on your hands and knees to see it. My primary trade was a cabinet maker for over 25 years and I came to learn that the purpose of the toe kick on a cabinet is so that you don’t kick the cabinet when walking close to it to pre LEGAL RECEIVED 05/06/2024

food or wash dishes etc. The moldings not only look good but also serve the primary purpose of a toe kick, it also saved her money as she desired and requested. Item # 10 I agree that the bathtub should not squeak. My Lead installer Jason Besler (Phone number and info upon request) reported to me that he asked permission to access under the house to make the simple repair under the tub. He explained to Luis that there is a plywood box built under the tub that needs to be removed in order to get to the bottom of the tub itself. Once the tub is visible he would jack up on the bottom of the tub with a couple of 2’x4’s and fasten them to the existing flooring joists. Jason reported that Luis said he didn’t want anything being torn out below the house and denied Jason’s ability to make this repair. Item # 34 It is not unusual for caulking to shrink or crack and in many cases require a second going over again with caulking, this literally takes less than one minute to repair, I believe that this is an oversight. Jason who worked under my employment during the repairs LEGAL RECEIVED 05/06/2024

overseen the repairs of this project would have taken care of it if he was aware of it, Jason has worked for me for over two tears and I know his work ethic, so I am again chalking this up to an oversight.

FINAL NOTES: The Clients were informed that in the guest bathroom to not use it until we have sealed the trims of the Sentrel (a polymer based acrylic tub and shower system) Brand name Sentrel. This was not brought up on the directive but I want it noted if necessary for the future. Luis and Hanna Ruiz refused to allow Jason Besler and Aaron Harmon ( Phone # available upon request) that they were to not seal the trim with silicone because they have been using the shower and suspect that there may now have mold behind the Sentrel. During the Compliance inspection I was informed for the first time that the shower head was leaking, it looked off center as if someone had been pulling or bending it. Hanna Ruiz made a statement that she got a quote to determine if there is mold behind the shower and that the quote was over $10,000.00 because the entire shower had to be torn out. Investigator Wiskow informed me that there are ways of LEGAL RECEIVED 05/06/2024

detecting mold without tearing the shower out. I feel that I am being set up. I have personally been involved with over 5000 remodeling projects, I do not say this in a boasting manner but starting in the mid 90’s until the recession hit my company manufactured and installed 10 kitchens a week, every week I even had to build a second factory to keep up with the production. The reason I am mentioning this is that this relatively small project has been extremely difficult and although there were problems, I feel that these customers have been the most difficult to deal with, as they have been very unreasonable even to this point. They obviously like the workers I sent as a couple of them were offered side Jobs, in fact I showed up one Saturday and one of my W-2 Workers was there with a truck load of materials, he had been hired on the side by the Ruiz family, this is unethical. Needless to say, he no longer works with me his name is Robert provided upon request. I am hoping that the fact that I will never get paid the balance of $3,700.00 and the fact I spent approximately $15,000.00 in repairs would be punishment enough without this damaging by record at the Registrar of Contractors. I still stand ready, willing and able to correct any and all of these deficiencies if allowed. In all of my career and all of LEGAL RECEIVED 05/06/2024

my projects that I have been involved with I have never stood before the board. I have learned several lessons on this project and if given leniency you will never have another complaint from my company. In closing I hope this does not come off like I am trying to make an excuse, I screwed up on several issues and make a compelling effort to correct them. Contacts if needed: Jason Besler – 509-601-0315 Totally Floored: Dan Hussey – 928-237-6437 Sincerely, Stephen Hunt, [email redacted] 928-800-1998 www.infinitykitchenandbathllc.com Infinity Kitchens and Baths, LLC ROC 339999 LEGAL RECEIVED 05/06/2024 LEGAL RECEIVED 05/06/2024 LEGAL RECEIVED 05/06/2024 LEGAL RECEIVED 05/06/2024 LEGAL RECEIVED 05/06/2024 5/5/24, 7:12 PM Gmail - compliance inspection LEGAL RECEIVED 05/06/2024

Steve Hunt <[email redacted]>

compliance inspection messages

Steve Hunt <[email redacted]> Mon, Apr 22, 2024 at 10:28 AM To: Hannah Ruiz <[email redacted]>

During the Compliance inspection it came to my attention for the first time that the investigator was shown a video of the Master Shower Head leaking, We would like to come in and fix this as soon as possible. Further the shower should not be used until fixed.

Compliance item 4 - As you are aware in replacing 1/2 of the homes flooring sub- contracted through Totally Floored there are three items overlooked, 1, a chip in the flooring between the bedroom, a small cut in the flooring in the laundry room and a gap or chip in the floor in the main bathroom. Totally Floored has been informed of the issue and warrants their installations and would like to schedule for the repair on this.

Compliance item 7 - You asked if we could use the same baseboards we used throughout the house for the baseboards, if you would like those removed we will schedule to install standard base boards.

Compliance item10 - It was reported to me that you have a double layer or box under the bathtub and told that you do not want this to be done, after speaking with several Framers the solution would be to remove the lower level of plywood rce the 1st layer of subfloor and replace the lower level, we would like to schedule this as soon as possible.

Compliance item 34 - There is a baseboard in the laundry room that has a crack in the caulking, we would like to fix this at the same time.

Please let me know your schedule so that we can expeditiously make the aforementioned corrections.

Compliance item 10 The bathtub squeaks when stepped on, I was informed by m installed thatt Thank You,

Steve Hunt 928-800-1998 Infinity Kitchen and Bath, LLC www.infinitykitchenandbathllc.com [email redacted]

https://mail.google.com/mail/u/0/?ik=e3d2abd328&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 1/2 5/5/24, 7:12 PM Gmail - compliance inspection LEGAL RECEIVED 05/06/2024

Hannah Ruiz <[email redacted]> Mon, Apr 22, 2024 at 10:49 AM To: Steve Hunt <[email redacted]>

Hello Mr. Hunt, We just spoke to the ROC and they informed us we are now passed all that and are on the second step which is the legal department. From this point on we will proceed with there legal steps. Thank you [Quoted text hidden]

Steve Hunt <[email redacted]> Mon, Apr 22, 2024 at 8:51 PM To: Hannah Ruiz <[email redacted]>

I understand the , I received the same letter as you have, it states that if we both agree, I can send the proper individuals to complete the tasks rather then going down the legal path. My goal is to complete the items left and get your house in the condition you desire, let me know if that is an option for you . . .

Thank You,

Steve Hunt 928-800-1998 Infinity Kitchen and Bath, LLC www.infinitykitchenandbathllc.com [email redacted]

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=e3d2abd328&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r-[number redacted]… 2/2 Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date:

Gap above base

Gap above base Inspection Date:

Mirror flaw unable to determine if this is R responsibility Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: Inspection Date: 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