2024A-01991-CHC-ROC Notice of Hearing & Packet MAILED 2024-01991.pdf
2024A-01991-CHC-ROC · Registrar of Contractors · 2024-07-09
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Charles Hale , Case No. 2024-01991
COMPLAINANT, Docket No. 2024A-01991-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Deep Canyon LLC License No. ROC 338807,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
August 16, 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 May 9, 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(c) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158
Charge: 3 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 July 9, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail July 9, 2024 to:
Respondent(s) Deep Canyon LLC 31 E Rillito St Tucson, AZ 85705 Respondent's Attorney Adam P. Weisman, Esq. 2401 E Speedway Blvd Tucson, AZ 85719 Complainant(s) Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2024-01991 /
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: Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
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: Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
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 20, 2024
Re: Complaint No. 2024-01991
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for Tuesday, April 16, 2024 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 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,
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
Cc: File Choose an item. Choose an item. Choose an item. Choose an item.
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.
What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
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: Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
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 14, 2024
JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-01991
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for April 16, 2024 at 10:30AM has been rescheduled for April 17, 2024 at 10:30 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
CC: Choose an item. Choose an item. Choose an item. Choose an item.
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: Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
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: Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
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 17, 2024
License No. ROC 338807
Re:Complaint No. 2024-01991
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 May 3rd, 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:
Compliance Item: 1 - No solar panels yet installed no contact from contractor installation last promise Jan 30 nothing done Investigator’s Observation: Panels have been installed on the roof after complaint was filed. However, Complainant states they are not the 10KW sizing he contracted for and no wiring has been installed to connect the system. Contract provided is vague and does not meet requirements for elements of contract. No inverters or equipment installed.
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 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
CC: Choose an item. Choose an item. Choose an item. Choose an item.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Jobsite Inspection Notes
Case No.: 2024-01991 Investigator: Mike Springer Inspection Date: Wednesday, April 17, 2024 Inspection Time: 10:30 AM
Complainant: Charles Hale Respondent: Deep Canyon LLC Not Present: Not Present:
Jobsite General Notes: Photos were taken to document items. The complainant and I addressed each item of the complaint. JSI audio recorded.
Compliance Item: 1 - No solar panels yet installed no contact from contractor installation last promise Jan 30 nothing done Investigator’s Observation: Panels have been installed on the roof after complaint was filed. However, Complainant states they are not the 10KW sizing he contracted for and no wiring has been installed to connect the system. Contract provided is vague and does not meet requirements for elements of contract. No inverters or equipment installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Charles Hale, Case No. 2024-01991 COMPLAINANT, v. Deep Canyon LLC CITATION License No. ROC 338807, RESPONDENT.
The Registrar issues this Citation to Deep Canyon LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by May 24, 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 20, 2024, Charles Hale (“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(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain
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 specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 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. 2024-01991. 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 How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than May 24, 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
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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 serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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
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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 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated May 9, 2024. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 9, 2024 to: Respondent Certified Mail No: [number redacted] Deep Canyon LLC 10645 N Oracle #121-303 Tucson, AZ 85737
Copy mailed by USPS First Class mail this same date to: Respondent Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
Complainant Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
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
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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 Case No. 2024-01991 / SA
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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 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)
Charles Hale Mailing Address (Enter jobsite in Contract/Project section) City State Zip
10974 E. Pantano Trail Tucson, Arizona 85730 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)
Deep Canyon LLC ROC 338807 Street Address City State Zip
E Rillito Tucson Arizona 85705 Phone Number Email
[number redacted] Name of Person(s) Representing License
Danny Rossi: Haylett Roy Contract/Project Information Contract Date Contract Amount Amount Paid
September 18, 2023 $22,533.00 $11,516.00 Date Work Started Date Work Stopped Date Work Was Completed
December 4, 2023 December 15, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
10954 E.Pantano Trail Tucson AZ 85730 Name of Construction Site Owner Construction Site Name (if applicable)
Hale residence Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Written All change orders were Written This project was Residential This project involved Other Roof top Solar A building permit was obtained by Contractor P23BP11436 Pima county 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)
non conpleation of project lost funds Allegations Listed on Complaint:
No solar panels yet installed no contact from contractor installation last promise Jan 30 nothing done
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
Charles Hale \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 1BY1ROOF, SOLAR, & PAINT, LLC E. Rillito, Tucson, AZ 85705 United States (520) 370-7011 ROC #3326137 KB-1
BILL TO Charles Hale 10954 East Pantano Trail Tucson, AZ 85730 USA
INVOICE INVOICE DATE 22891536 Sep 18, 2023
J O B A D D R ES S Completed Date: 9/18/2023 Charles Hale Payment Term: Due Upon Receipt 10954 East Pantano Trail Due Date: 9/18/2023 Tucson, AZ 85730 USA
TA S K D ES C R I P T I O N QT Y PRICE T O TA L
New Roof- Approximated size of roof w/ waste factor included - 2800 sqft 1.00 $15,500.00 $15,500.00 Shingles $500 discount from $16,000 down to $15,500 if solar and roof done together.
Proposed Scope of Work:
1. Set up worker Safety Management, tarp "daily" where work is to be performed.
2. Tarp work area as needed.
3. Remove existing shingles.
4. Remove underlayment and inspect wood decking and fascia.
5. Remove/replace bad wood at additional charge per sheet supplied. See price sheet in pictures. 20% off wood prices
6. Install new Upgraded Synthetic Underlayment (N/C Upgrade) Double underlayment on 2/12 pitch roof
7. "Bullet Proof" Install all new 2" x 4" drip edge, pipe jack flashings, and other galv. flashings as needed.
8. Standard cuts at valleys (Replace valley metal if applicable).
9. Install new GAF HDZ laminate shingle, customers choice of available colors HUNTER GREEN (NC 5 Nail Upgrade).
Invoice #22891536 Page 1 of 2 10. Install new ridge.
11. Paint all new pipe penetrations.
12. Clean up all roofing debris, run magnetic roller, and haul away debris.
Shingle LIMITED LIFETIME WARRANTY ON SHINGLES FROM 1.00 $0.00 $0.00 Warranty MANUFACTURER
YEAR LABOR WARRANTY THROUGH 1 BY 1 ROOF
YEAR LEAK-FREE GUARANTEE THROUGH 1 BY 1 ROOF
New Solar (18) Mission 415w Solar Panels 1.00 $22,533.00 $22,533.00 System (1) SolarEdge SE10000H-US Inverter
(7.47 kw) Total System Size
PA I D O N TYPE MEMO AMOUNT
9/25/2023 Checks 1st half deposit $7,750.00
9/25/2023 Checks 1st half Solar Deposit $11,516.00
POTENTIAL SAVINGS $0.00 SUB-TOTAL $38,033.00 TAX $0.00
TOTAL DUE $38,033.00 PAYMENT $19,266.00
BALANCE DUE $18,767.00 Thank you for choosing 1 By 1 Roof, Solar, & Paint!
Invoice #22891536 Page 2 of 2 Jobsite Inspection Notes
Case No.: 2024-01991 Investigator: Mike Springer Inspection Date: Wednesday, April 17, 2024 Inspection Time: 10:30 AM
Complainant: Charles Hale Respondent: Deep Canyon LLC Not Present: Not Present:
Jobsite General Notes: Photos were taken to document items. The complainant and I addressed each item of the complaint. JSI audio recorded.
Compliance Item: 1 - No solar panels yet installed no contact from contractor installation last promise Jan 30 nothing done Investigator’s Observation: Panels have been installed on the roof after complaint was filed. However, Complainant states they are not the 10KW sizing he contracted for and no wiring has been installed to connect the system. Contract provided is vague and does not meet requirements for elements of contract. No inverters or equipment installed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complaint # 2024- 01991 P 1 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 2 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 3 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 4 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 5 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complainant: Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730
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: Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
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 17, 2024
License No. ROC 338807
Re:Complaint No. 2024-01991
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 May 3rd, 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:
Compliance Item: 1 - No solar panels yet installed no contact from contractor installation last promise Jan 30 nothing done Investigator’s Observation: Panels have been installed on the roof after complaint was filed. However, Complainant states they are not the 10KW sizing he contracted for and no wiring has been installed to connect the system. Contract provided is vague and does not meet requirements for elements of contract. No inverters or equipment installed.
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 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards.
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
CC: Choose an item. Choose an item. Choose an item. Choose an item.
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: Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 February 20, 2024
WARNING LETTER
Re: Complaint No. 2024-01991; License No. ROC 338807
Dear Respondent:
It appears that you may have violated A.R.S. § 32-1158(A). Under that statute, any contract for more than $1,000.00 between a contractor and a property owner must contain nine specific elements. Your contract is missing at least one of the required elements. For your reference, a copy of A.R.S. § 32-1158(A) is included here:
A.R.S. § 32-1158. Minimum elements of a contract A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information. 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. The information in this paragraph must be prominently displayed in the contract in ten point bold type, and the contract shall be signed by the property owner and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.
A failure to comply with A.R.S. § 32-1158(A) violates § 32-1154(A)(12), and that violation can constitute grounds to suspend or revoke your license. You need to review A.R.S. § 32- 1158(A) and make sure you are complying with its requirements.
The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.
Sincerely,
Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 Received 5/16/2024 ROC Legal
Adam Weisman, Esq. ASB 022086, PCC 65638 HINDERAKER RAUH & WEISMAN, P.L.C. 2401 East Speedway Boulevard Tucson, Arizona 85719 (520) 881-6607 (520) 881-6775 (fax) [email redacted] Attorneys for: Respondent
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Charles Hale, Case No. 2024-01991
COMPLAINANT, WRITTEN ANSWER TO CITATION AND COMPLAINT v. Deep Canyon LLC License No. ROC 338807, RESPONDENT.
Charge One.
Respondent denies any violation of A.R.S. § 32-1154 and Section R4-9-108. The Complaint fails to state any work by Respondent was not “performed in accordance with professional industry standards.” This Charge is wholly conclusory and not supported by any
evidence. The Complaint states in Charge Three that Respondent failed to complete certain contractual work, not that the work performed by Respondent failed to meet industry standards. Even the Owner alleged only non-completion:
Received 5/16/2024 ROC Legal
Charge Two. Respondent denies any violation of A.R.S. § 32-1158. The Contract clearly contains all
nine elements required by law.
Charge Three.
Respondent denies any violation of A.R.S. § 32-1155(A)(22). The Parties to the
Contract discussed installation of a 5K inverter, for which Respondent sought the necessary permits and which Respondent purchased for installation. By accident, Respondent stated in
the Contract that it would install a 10K inverter:
This failure is the basis of the Owner’s Complaint. Despite some disagreement with Owner about what size capacity inverter Respondent agreed to install, Respondent proposed to Owner to install the 5K inverter temporarily, while Respondent sought permits for the 10K
inverter, which Respondent agreed to install at no further cost to Owner. See EXHIBIT A. This solution was rejected by Owner in favor of pursuing this Complaint.
Received 5/16/2024 ROC Legal
In short, it is documented in writing that Respondent agreed to honor the Contract on April 10, 2024, which is seven (7) days prior to the Written Directive from the Registrar ordering Respondent to comply with the Contract. As such it is the Complainant—and not the
Respondent—who has failed to comply with the ROC’s Written Directive and this Charge must
be dismissed in favor of Respondent. However, Owner has subsequently agreed, in texts from May 15 and 16, 2024, to
installation of a 10K inverter:
Received 5/16/2024 ROC Legal
See EXHIBIT A. Conclusion. Respondent demonstrably agreed to remediate the issue that was the basis of Owner’s
Complaint prior to the deadline set by the ROC. The Owner then refused to comply with the
ROC’s directive, not the Respondent. Ultimately, Owner agreed to remediation on May 15 and 16, and that remediation is not in progress. Therefore, the ROC must dismiss this Complaint.
RESPECTFULLY SUBMITTED this 16th day of May, 2024. HINDERAKER RAUH & WEISMAN, P.L.C. By: /s/ Adam Weisman Adam Weisman Attorneys for Respondent
Copy of the foregoing emailed this 16th day of May, 2024 to: Arizona Registrar of Contractors [email redacted] Charles Hale [email redacted] /s/ Sara DeMay
Received 5/16/2024 ROC Legal
EXHIBIT A Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/2024 ROC Legal Received 5/16/24, 1:45 PM State of Arizona Mail - 2024-01991 Written Answer to Citation and Complaint 5/16/2024 ROC Legal
Answers - AZROC <[email redacted]>
2024-01991 Written Answer to Citation and Complaint message
Sara DeMay <[email redacted]> Thu, May 16, 2024 at 1:31 PM To: "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, Adam Weisman <[email redacted]>, "[email redacted]" <[email redacted]>
Please see attached; hard copy will not follow unless requested.
Our lobby hours are 10AM to 2PM. Appointments are available outside of those hours with prior notice.
Thank you,
Sara DeMay
Legal Assistant to Ted Hinderaker and Adam Weisman
2401 East Speedway Blvd.
Tucson, Arizona 85719
Phone: (520) 881-6607
Fax: (520) 881-6775
[email redacted]
For further information about our firm please visit www.hrtucson.com
The information contained in this electronic mail message is confidential information intended only for the use of the individual or entity named above, and may be privileged. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone 520-881-6607 and delete the original message. If the content of this message relates to a contractual matter, neither Hinderaker Rauh & Weisman P.L.C., or any client of Hinderaker Rauh & Weisman P.L.C. shall be, or agrees to be, contractually bound by this electronic communication, nor shall it be deemed to create an offer or contractual arrangement, nor shall any symbol, mark, word or phrase be deemed an electronic signature. Finally, to ensure compliance with Treasury Regulations governing written tax advice, please be advised that any tax advice included in this communication, including any attachments, is not intended, and cannot be used, for the purpose of (i) avoiding any federal tax penalty or (ii) promoting, marketing, or recommending any transaction or matter to another person.
https://mail.google.com/mail/b/AEoRXRRcJCwFlUfFZuW-TdF_XfYinDWwYFMVO4DOTi19lOmNJJfD/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/2 Received 5/16/24, 1:45 PM State of Arizona Mail - 2024-01991 Written Answer to Citation and Complaint 5/16/2024 ROC Legal
2024-01991 Written Answer to Citation and Complaint.pdf 2548K
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[number redacted]ÿ89 ÿ 9ÿÿ ÿ ÿ !"9ÿ #"ÿ$%&'()*+','-./)0.1+23,'4,5267 8.-9ÿ:);ÿ<=9ÿ> ÿ'?ÿ<>@>AÿBC D2@ÿE'+'ÿF.C'Gÿ$%'+'1&+?)3%2;,32H7 IJÿLMLÿNJOJMPJÿQRJÿSTUVJNWÿXRJÿNJYZJUQÿQ[ÿLMU\MUUÿMUÿZTLJNÿNJPMJVÿ]^ÿ[ZNÿ_UUMUQSTQÿ̀JTJNSaÿb[ZTUJaWÿ_Tÿ[NLJNÿVMaaÿ]J MUUZJLÿ[TOJÿSÿLJQJN\MTSQM[TÿMUÿ\SLJWÿ XRSTcUdÿ efghijkgÿmnopiqo rJsSaÿ_UUMUQSTQÿtt _NMu[TSÿvJsMUQNSNÿ[wÿb[TQNSOQ[NU xyzzÿIÿISURMTsQ[Tÿ{QWdÿ{ZMQJÿxz| }R[JTM~dÿ_ÿ|zzy wwMOJÿzyyxxy %&'()*+','-./)0.1+23,'4,526 D&.ÿÿ*%ÿ;2ÿ2;ÿ%23*'0ÿH.-*' C'.ÿ%)+.ÿ?2ÿ2002ÿ)%ÿ2;@ '3./22ÿ D*??.+ ÿ"ÿÿÿ"9 ÿÿ ÿ"ÿ ÿÿ 9ÿ ÿ ÿÿ ÿ ÿ# 9ÿ 9 ÿ" '3./22 )2?.-ÿ?.?ÿ&*--.;
&??%@H'*0,52250.,32HH'*0)>*¡'<>--= / 3¢6*.¡?¢%.'+3&¡'00¢.+H?&*-¡?&+.'-@< >A>=£><A A££¢%*H0¡H%5@< >A>=£><A A¤ ¥¥ REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Charles Hale, Case No. 2024-01991 COMPLAINANT, v. Deep Canyon LLC ORDER DENYING REQUEST TO DBA: 1 by 1 Roof/Solar/Paint DISMISS License No. ROC 338807, RESPONDENT.
BACKGROUND On May 9, 2024 the Registrar issued a citation against Respondent’s License No. ROC 338807. Respondent filed its Answer on May 15, 2024. The Answer included a request to dismiss the citation and close the complaint. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course.
Dated June 20, 2024. By: /s/ Robert Stirling Robert Stirling Assistant General Counsel Legal Department Arizona Registrar of Contractors
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Copy mailed via USPS First Class mail June 20, 2024 to: Respondent(s) Deep Canyon LLC DBA: 1 by 1 Roof/Solar/Paint 10645 N Oracle #121-303 Tucson, AZ 85737 Adam P. Weisman, Esq. 2401 E Speedway Blvd Tucson, AZ 85719 Complainant(s) Charles Hale 10974 E. Pantano Trail Tucson,, AZ 85730 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. 2024-01991/ eu
of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Complaint # 2024- 01991 P 1 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 2 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 3 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 4 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS Complaint # 2024- 01991 P 5 JSI address: 10954 E.Pantano Trail Date: 4-17-24 JSI PHOTOS 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