2024A-01316-CHC-ROC Notice of Hearing & Packet MAILED 2024-01316.pdf

2024A-01316-CHC-ROC · Registrar of Contractors · 2024-08-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Barbara Ann Tyson , Case No. 2024-01316

COMPLAINANT, Docket No. 2024A-01316-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE ATI Restoration LLC License No. ROC 228730,

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

HEARING INFORMATION The hearing is set for:

October 15, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on July 29, 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 August 29, 2024.

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

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

Respondent(s) ATI Restoration LLC 120 S Central Ave., Ste. 350 Clayton, MO 63105 Complainant(s) Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

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. 2024-01316 /

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: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: ATI Restoration LLC 120 S Central Ave., Ste 350 Clayton, MO 63105

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 February 22, 2024

Re: Complaint No. 2024-01316

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, April 4, 2024 at 09:00 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 12/23 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,

Gregory Johndrow Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 12/23 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 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 12/23 Complainant: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

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: ATI Restoration LLC 120 S Central Ave., Ste 350 Clayton, MO 63105

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 March 27, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-01316

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for April 4, 2024 at 9:00 AM has been rescheduled for Wednesday, April 3, 2024 at 9:00 AM.

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

Complainant: Safe access is required to any area to be inspected.

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-01316 Investigator: Greg Johndrow #195 Inspection Date: 4/3/2024 Inspection Time: 9:00 AM

Complainant: Barbara Tyson Respondent: ATI Restoration LLC

General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Ed Miranda, Alfred Gonzalez and Jeanna Reeve.

Complaint Item 1: “I need reimbursed for a new thermostat ATI installed a faulty thermostat” Investigator’s Observations: This allegation is NOT verified. Although this complaint item alleges a financial dispute with the respondent, it alleges nothing indicating grounds for discipline under A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 2: “Replace bathtub” Investigator’s Observations: Verified. The tub has a dull finish and there are foreign spots in the finish. The respondent stated the tub is scheduled to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Grout line at bathtub, not acceptable” Investigator’s Observations: Verified. The grout joint where the tub meets the tile is concaved and is not uniform with the other grout joints in the bathroom. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Replace or reinstall one piece base in the hall not level” Investigator’s Observations: Verified. The baseboard in the hallway to the right side of the bathroom door has been poorly installed and is not level. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “Install correct register in the living room” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

Complaint Item 6: “Grout that sliding glass door is cracked out” Investigator’s Observations: This allegation is NOT verified. I am unable to assign fault. The parties disagree on who grouted this area, there is insufficient evidence to support the allegation. Governing Rule: N/A

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 7: “Grout line too wide in the dining room” Investigator’s Observations: This allegation is NOT verified. The respondent did not install the tile and is not responsible for the grout joint size created by others. Governing Rule: N/A

Complaint Item 8: “Install handrail” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

Complaint Item 9: “Replace one or two tiles in the master bath at jamb” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Complaint Item 11: “Install new veneer in vanity. Plumbing cut outs are way too large and sloppy.” Investigator’s Observations: Verified. The back panel of the vanity cabinet has unsightly oversized cutouts for the plumbing. The respondent stated the panel is intended to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 12: “Replace damage storage shed” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

Complaint Item 13: “Replace items stored in storage shed. Items were ruined by rain leaking into storage.” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

Complaint Item 14: “Grout around new door jambs” Investigator’s Observations: Verified. The areas around the new door jambs installed by the respondent were not grouted. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 15: “Install expansion board at new Block wall” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to verify a violation of A.R.S. § 32-1154(A). This was not listed in the contract or as part of the scope of work. The parties verbally disagree on this allegation. Governing Rule: N/A RCC100 11/14

Picture 1 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 2 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 3 Jobsite Inspection Photos

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Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 20 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 21 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 22 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 23 Jobsite Inspection Photos

Case: 2024-01316 Date: 4-3-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Complainant: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

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: ATI Restoration LLC 120 S Central Ave., Ste 350 Clayton, MO 63105

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 9, 2024

License No. ROC 120623

Re: Complaint No. 2024-01316

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 April 30, 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:

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 Complaint Item 4: “Replace or reinstall one piece base in the hall not level” Investigator’s Observations: Verified. The baseboard in the hallway to the right side of the bathroom door has been poorly installed and is not level. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Complaint Item 11: “Install new veneer in vanity. Plumbing cut outs are way too large and sloppy.” Investigator’s Observations: Verified. The back panel of the vanity cabinet has unsightly oversized cutouts for the plumbing. The respondent stated the panel is intended to be replaced. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. Complaint Item 14: “Grout around new door jambs” Investigator’s Observations: Verified. The areas around the new door jambs installed by the respondent were not grouted. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 7: “Grout line too wide in the dining room” Investigator’s Observations: This allegation is NOT verified. The respondent did not install the tile and is not responsible for the grout joint size created by others. Governing Rule: N/A

Complaint Item 8: “Install handrail” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

Complaint Item 10: “Replace shower door. Wrong door was installed.” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to verify a violation of A.R.S. § 32-1154(A). This item was not part of the written contract and there are no specifications for the shower door. Governing Rule: N/A Complaint Item 12: “Replace damage storage shed” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 2, 2024

License No. ROC 120623

Re: Complaint No. 2024-01316

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

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

Complaint Item 8: “Install handrail” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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 5/7/24, 4:24 PM State of Arizona Mail - Addendum to complaint #2024-01316

Gregory Johndrow <[email redacted]>

Addendum to complaint #2024-01316 Barbara Tyson <[email redacted]> Tue, May 7, 2024 at 3:02 PM To: Gregory Johndrow <[email redacted]>

Please add 1 tile that was damaged in foyer.

Thank you

Barbara Tyson Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Complainant: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: ATI Restoration LLC 120 S Central Ave., Ste 350 Clayton, MO 63105

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 May 7, 2024

Re: Complaint No. 2024-01316

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-01316, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Thursday, May 23, 2024 at 09:00 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 amended complaint items 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 the amended complaint items. 2. The Registrar may also be precluded from taking further action on the amended complaint items, if the work that is the subject of the amended 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. Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the amended complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity 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 amended complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

Cc: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 5/14/24, 3:34 PM State of Arizona Mail - Addendum to complaint 2024 0507 c007

Gregory Johndrow <[email redacted]>

Addendum to complaint 2024 0507 c007 Barbara Tyson <[email redacted]> Tue, May 14, 2024 at 10:35 AM To: Gregory Johndrow <[email redacted]>

New tub installed: High on right side in corner Drain not centered Does not hold water Chip? at drain Faucet drips a long time after turned off

Barbara Tyson Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-01316 Investigator: Greg Johndrow #195 Inspection Date: 5/23/2024 Inspection Time: 9:00AM

Complainant: Barbara Tyson Respondent: ATI Restoration LLC

General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Ed Miranda and Alfred Gonzalez.

Addendum Complaint Item 1: “Newly installed tile in Hall Bath is not acceptable.” Investigator’s Observations: Verified. The complainant pointed out and showed excessive lippage on several tiles, excessive variations in the grout joints at the outside trim and along the tub deck. The tile used has chips located throughout the entire tub surround. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 2: “Install correct veneer in vanity.” Investigator’s Observations: Verified. The incorrect wood veneer was used in the master bathroom vanity cabinet. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 3: “Water is leaking into the master bath vanity.” Investigator’s Observations: This allegation is NOT verified. No water was observed leaking at the time of this inspection. It should be noted moisture was present on the fitting threads. Governing Rule: N/A

Addendum Complaint Item 4: “Remove paint, Grout, drywall mud from driveway, porch and walkway.” Investigator’s Observations: Verified. The conditions described were observed in all of the areas listed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 5: “Grout line in dining room is too wide and rough. Previous decision states ATI not responsible. This is a bid item and ATI did grout at base. ” Investigator’s Observations: This allegation is NOT verified. The respondent did not install the tile and is not responsible for the grout joint size created by others. Governing Rule: N/A

Addendum Complaint Item 6: “Touch up paint on ceilings in hall and dining room.” Investigator’s Observations: Verified. The complainant pointed out and showed marks on the ceiling in the described locations. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes Addendum Complaint Item 7: “Floor tile is chipped in hall and at new tub installation.” Investigator’s Observations: Verified. The floor tile has been chipped on the right side in front of the tub. I am unable to assign fault or determine the cause for the chipped tile in the hallway, demolition had taken place in this location prior to the respondent’s work starting. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 8: “Replace 2 pieces base in Hall Bath behind door.” Investigator’s Observations: Verified. No base was installed behind the door and the base installed along the side wall was cut short where it meets the toe kick. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 9: “New Vanity door needs silencers.” Investigator’s Observations: Verified. The right side door is missing the rubber silencers/bumpers that are present on the left side door. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 10: “Bedroom #2 has crack in drywall at ceiling fan.” Investigator’s Observations: Verified. A slice in the drywall was observed next to the supply register in this location. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 11: “Replace 1 shelf support left side in laundry room.” Investigator’s Observations: Verified. The left side shelf support is not the same length as the right side. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 12: “Shelf in laundry room is rough.” Investigator’s Observations: Verified. The painted shelf is not smooth. The shelf has a sand finish feel. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 13: “Rework drywall patches at handrail.” Investigator’s Observations: Verified. The drywall patches are visible in several areas of the wall. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 14: “Check installation of handrail” Investigator’s Observations: Verified. The bottom wall bracket does sit flush with the wall. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 15: “Drywall tape blistered on ceiling in bedroom #1.” Investigator’s Observations: Verified. The inside corner between the wall and ceiling has blistered and the drywall tape is loose. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner. RCC100 11/14

Arizona Registrar of Contractors Jobsite Inspection Notes

Addendum Complaint Item 16: “Replace storage shed and items ruined. (I have additional proof that ati is responsible.)” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

Addendum Complaint Item 17: “Bid items not completed. Exhaust fan in Hall Bath, Register in living room, bedroom #2, hall bath, mstr. closet. ” Investigator’s Observations: Verified. The items listed have not been completed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 18: “…Tile that was damaged in foyer. ” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

Addendum Complaint Item 19: “New tub installed: High on right side in corner” (Complainant’s description of the variation of grout joints along the top deck of the tub) Investigator’s Observations: Verified. The tile grout joint that meets the tub deck has an excessive variation in width, namely on the valve wall. The respondent should identify and correct all areas. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 20: “Drain not centered” Investigator’s Observations: Verified. The tub drain assembly is not centered in the recessed section of the tub. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 21: “Does not hold water” Investigator’s Observations: This allegation is NOT verified. The tub held water at the time of this inspection. Governing Rule: N/A

Addendum Complaint Item 22: “Chip? at drain” Investigator’s Observations: Verified. The tub finish has staining of the finish around the tub drain assembly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 23: “Faucet drips a long time after turned off” Investigator’s Observations: This allegation is NOT verified. In response to this complaint item: There is not sufficient evidence to find that the Respondent failed to meet minimum workmanship standards per A.A.C. R4-9-108. Governing Rule: N/A

RCC100 11/14

Picture 1 Addendum Item(s) Jobsite Inspection Photos

Case: 2024-01316 Date: 5-23-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Picture 2 Addendum Item(s) Jobsite Inspection Photos

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Case: 2024-01316 Date: 5-23-24 Address: 18835 S Mayford Ave; Sahuarita, AZ 85629 Complainant: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 3, 2024

License No. ROC 120623

Re: Complaint No. 2024-01316

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Complaint Item 4: “Remove paint, Grout, drywall mud from driveway, porch and walkway.” Investigator’s Observations: Verified. The conditions described were observed in all of the areas listed. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Addendum Complaint Item 7: “Floor tile is chipped in hall and at new tub installation.” Investigator’s Observations: Verified. The floor tile has been chipped on the right side in front of the tub. I am unable to assign fault or determine the cause for the chipped tile in the hallway, demolition had taken place in this location prior to the respondent’s work starting. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Complaint Item 11: “Replace 1 shelf support left side in laundry room.” Investigator’s Observations: Verified. The left side shelf support is not the same length as the right side. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Complaint Item 19: “New tub installed: High on right side in corner” (Complainant’s description of the variation of grout joints along the top deck of the tub) Investigator’s Observations: Verified. The tile grout joint that meets the tub deck has an excessive variation in width, namely on the valve wall. The respondent should identify and correct all areas. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 8: “Install handrail” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Complaint Item 5: “Grout line in dining room is too wide and rough. Previous decision states ATI not responsible. This is a bid item and ATI did grout at base. ” Investigator’s Observations: This allegation is NOT verified. The respondent did not install the tile and is not responsible for the grout joint size created by others. Governing Rule: N/A

Addendum Complaint Item 16: “Replace storage shed and items ruined. (I have additional proof that ATI is responsible.)” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

Addendum Complaint Item 21: “Does not hold water” Investigator’s Observations: This allegation is NOT verified. The tub held water at the time of this inspection. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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: Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 20, 2024

License No. ROC 120623

Re: Complaint No. 2024-01316

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

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

Complaint Item 8: “Install handrail” Investigator’s Observations: This allegation is NOT verified. This issue was corrected prior to this site inspection. Governing Rule: N/A

Addendum Complaint Item 21: “Does not hold water” Investigator’s Observations: This allegation is NOT verified. The tub held water at the time of this inspection. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Barbara Ann Tyson, Case No. 2024-01316 COMPLAINANT, v. ATI Restoration LLC CITATION License No. ROC 120623,

RESPONDENT.

The Registrar issues this Citation to ATI Restoration LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 26, 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 February 2, 2024, Barbara Ann Tyson (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-01316. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 26, 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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated July 11, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 11, 2024 to:

Respondent Certified Mail No: [number redacted]

ATI Restoration LLC 120 S Central Ave., Ste. 350 Clayton, MO 63105 Copy mailed by USPS First Class mail this same date to:

Respondent ATI Restoration LLC 120 S Central Ave., Ste. 350 Clayton, MO 63105

ATI Restoration LLC 3360 E La Palma Ave. Anaheim, CA 92806 Complainant Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629 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. 2024-01316

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 7/9/24, 9:49 AM State of Arizona Mail - Written Directive for complaint 2024-01316

Gregory Johndrow <[email redacted]>

Written Directive for complaint 2024-01316 Barbara Tyson <[email redacted]> Mon, Jul 8, 2024 at 6:00 PM To: Gregory Johndrow <[email redacted]>

Gregory Johndrow,

Once again, ATI did not meet the written Directive deadline, which was today July 8 at 5 PM. This was an extended deadline. ATI did not even attempt to start any repairs or discuss any scheduling for subcontractors to start work until June 20, 2 business days before their original completion date. On June 20, they proposed the most ridiculous financial offer. Needless to say, I did not accept. There has been no resolution. Therefore, I am asking to have my complaint forwarded to the legal department.

Thank you, Barbara Tyson Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 5/14/24, 3:34 PM State of Arizona Mail - Addendum to complaint 2024 0507 c007

Gregory Johndrow <[email redacted]>

Addendum to complaint 2024 0507 c007 Barbara Tyson <[email redacted]> Tue, May 14, 2024 at 10:35 AM To: Gregory Johndrow <[email redacted]>

New tub installed: High on right side in corner Drain not centered Does not hold water Chip? at drain Faucet drips a long time after turned off

Barbara Tyson Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 5/2/24, 8:45 AM State of Arizona Mail - Fwd: Drywall

Gregory Johndrow <[email redacted]>

Fwd: Drywall Barbara Tyson <[email redacted]> Wed, May 1, 2024 at 8:37 PM To: Gregory Johndrow <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: Jeanna Reeve <[email redacted]> Date: May 1, 2024 at 1:42:02 PM MST To: Barbara Tyson <[email redacted]> Cc: Alfred Gonzales <[email redacted]>, Edward Miranda <Edward.Miranda@ atirestoration.com>, Robin Treanor <[email redacted]> Subject: Re: Drywall

Good Afternoon Ms. Tyson,

We will have the subcontractor at your home tomorrow at 7:30 am to begin the items from the ROC complaint. The subcontractor has been hired to handle items specifically listed on the ROC Complaint. We request that any other items you inquire about be addressed directly to ATI, not the subcontractors. With regards to the drywall items, these are warranty items and will be handled once ATI has been paid in full.

Thank you and have a great day!

Jeanna Reeve Regional Manager

O 520‑807‑9400 C 520‑460‑6058 E [email redacted]

ATI Restoration, LLC 24‑Hour Emergency Response 2811 N. Flowing Wells Rd, #105, Tucson, AZ 85705 ATIrestoration.com

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 5/2/24, 8:45 AM State of Arizona Mail - Fwd: Drywall

This message originates from the employee of ATI Restoration LLC. identified as the sender and may contain confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us immediately at 800-400-9353, and please delete this message from your system and destroy any hard copy you may have printed. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. All personal messages express solely the sender's views and not those of ATI Restoration LLC. This message may not be copied or distributed without this disclaimer. On Thu, Apr 25, 2024 at 1:25 PM Barbara Tyson <[email redacted]> wrote: Please let me know when you have scheduled someone to fix the drywall patches at handrail. The patches do not look very good after they had time to dry. Also drywall tape has cracked/ popped in 2 places. 1 place on both bedroom ceilings. Thank you, Barbara Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 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)

Barbara Ann Tyson Mailing Address (Enter jobsite in Contract/Project section) City State Zip

18835 S. Mayford Ave. Sahuarita Arizona 85629 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)

ATI Restoration LLC ROC 120623 Street Address City State Zip

120 S Central Ave., Ste 350 Clayton MO 63105 Phone Number Email

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

Ed Miranda Contract/Project Information Contract Date Contract Amount Amount Paid

July 8, 2022 $109,092.00 $87,092.00 Date Work Started Date Work Stopped Date Work Was Completed

January 16, 2023 July 6, 2023 December 27, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

18835 S. Mayford Ave Sahuarita AZ 85629 Name of Construction Site Owner Construction Site Name (if applicable)

Barbara Tyson Phone Number of Construction Site Owner Email of Construction Site Owner

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

A building permit was obtained by Contractor Unkown Sahuarita pima 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)

I need reimbursed for a new thermostat ATI installed a faulty thermostat Replace bathtub Grout line at bathtub, not acceptable Replace or reinstall one piece base in the hall not level Install correct register in the living room Grout that sliding glass door is cracked out Grout line too wide in the dining room Install handrail Replace one or two tiles in the master bath at jamb Replace shower door. Wrong door was installed. Install new veneer in vanity. Plumbing cut outs are way too large and sloppy. Replace damage storage shed Replace items stored in storage shed. Items were ruined by rain leaking into storage. Grout around new door jambs Install expansion board at new Block wall

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

Barbara Ann Tyson \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 5/7/24, 4:24 PM State of Arizona Mail - Addendum to complaint #2024-01316

Gregory Johndrow <[email redacted]>

Addendum to complaint #2024-01316 Barbara Tyson <[email redacted]> Tue, May 7, 2024 at 3:02 PM To: Gregory Johndrow <[email redacted]>

Please add 1 tile that was damaged in foyer.

Thank you

Barbara Tyson Sent from my iPhone

https://mail.google.com/mail/u/0/?ik=27cddfbaec&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 Received 7/26/2024 ROC Legal Received 7/26/2024 ROC Legal Received 7/26/2024 ROC Legal Received 7/26/2024 ROC Legal Received 7/26/24, 1:03 PM State of Arizona Mail - Case # 2024-01316 - Written Response to Citation and Complaint7/26/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case # 2024-01316 - Written Response to Citation and Complaint message

Jeanna Reeve <[email redacted]> Fri, Jul 26, 2024 at 11:54 AM To: [email redacted]

Good Morning,

I've attached the written answer to Citation and Complaint # 2024-01316, Barbara Ann Tyson vs. ATI Restoration, LLC.

Thank you

Jeanna Reeve Regional Manager

O 520‑807‑9400 C 520‑460‑6058 E [email redacted]

ATI Restoration, LLC 24‑Hour Emergency Response 2811 N. Flowing Wells Rd, #105, Tucson, AZ 85705 ATIrestoration.com

ROC Response - Tyson.pdf 1830K

https://mail.google.com/mail/b/AEoRXRQGtR3nV35TmKaL6pCi8gnDV5CY2AhppIcVjNYaBChS-gdl/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Barbara Ann Tyson, Case No. 2024-01316 COMPLAINANT, v. ORDER QUASHING CITATION AND ATI Restoration LLC COMPLAINT License No. ROC 120623,

RESPONDENT.

On July 11, 2024, the Registrar mailed a Citation and Complaint in this matter which listed Respondent’s license no. ROC 120623. It has been determined, Respondent’s license no. ROC 126023 is not the correct license for the scope of work performed per Respondent and Complainant’s contract. Therefore, IT IS ORDERED that the July 11, 2024, Citation and Complaint is QUASHED. The Registrar will serve the Citation and Complaint in this matter at Respondent’s address of record in accordance with statutory requirements. A.R.S.§ 32- 1155(B). Respondent must file an Answer within the timeframe set forth in the re-issued Citation and Complaint, even if Respondent previously filed an Answer. Dated July 29, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant II Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail July 29, 2024 to:

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

Lg109 5/21 Respondent ATI Restoration LLC 120 S Central Ave., Ste 350 Clayton, MO 63105 Complainant Barbara Ann Tyson 18835 S. Mayford Ave. Sahuarita, AZ 85629 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. 2024-01316

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

Lg109 5/21 Received 8/13/2024 ROC Legal Received 8/13/2024 ROC Legal Received 8/13/2024 ROC Legal Received 8/13/2024 ROC Legal Received 8/13/2024 ROC Legal Received 8/13/24, 1:09 PM State of Arizona Mail - Response to complaint #2024-01316 8/13/2024 ROC Legal

Answers - AZROC <[email redacted]>

Response to complaint #2024-01316 message

Grant Barclay <[email redacted]> Tue, Aug 13, 2024 at 12:33 PM To: [email redacted]

Good afternoon, Please see attached document in response to complaint #2024-01316.

Thank you!

Grant Barclay Regional Manager

O 602-222-2138 C 520-661-4222 E [email redacted]

ATI Restoration, LLC 24‑Hour Emergency Response 2811 N. Flowing Wells Rd Tucson, AZ 85705 ATIrestoration.com

Answer to ROC complain 2024-01316.pdf 1182K

https://mail.google.com/mail/b/AEoRXRQrQAWBI2nAo15HiuU1wfP7dmCYbYbuN7wT5PLICQfiQexL/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/1 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