2024A-02406-CHC-ROC Notice of Hearing & Packet MAILED 2024-02406.pdf

2024A-02406-CHC-ROC · Registrar of Contractors · 2024-08-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Reana Trujillo , Case No. 2024-02406

COMPLAINANT, Docket No. 2024A-02406-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE TKO Customz LLC License No. ROC 343730,

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

HEARING INFORMATION The hearing is set for:

September 10, 2024 1:00 PM Velva Moses-Thompson 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 June 28, 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 August 5, 2024.

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

Copy mailed via USPS First Class mail August 5, 2024 to:

Respondent(s) TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

Respondent's Attorney Lawrence J. Felder, Esq. 3101 N Central Ave Ste 850 Phoenix, AZ 85012 Complainant(s) Reana Trujillo 3171 W Wren Dr. Benson, AZ 85602

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. 2024-02406 /

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: Reana Trujillo 3171 W Wren Dr Benson, AZ 85602

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: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

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 27, 2024

Re: Complaint No. 2024-02406

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, April 26, 2024 at 10:00 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,

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.

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: Reana Trujillo 3171 W Wren Dr Benson, AZ 85602

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: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 April 29, 2024

Re: Complaint No. 2024-02406

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-02406, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Thursday, May 16, 2024 at 12:30 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the 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.

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 C007 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 Complainant 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 C007 12/23 Complainant: Reana Trujillo 3171 W Wren Dr Benson, AZ 85602

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: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

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 17, 2024

License No. ROC 343730

Re:Complaint No. 2024-02406

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 June 4th, 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: 2 - Order new sheets that go all the way up to the edge of the ridge vent. Sheets that were ordered were way to short. Investigator’s Observation: Panels go under ridge gap 3/4" in some areas, 2" in others. No filler strip was used. It is feasible that wind driven water can bypass the panel and leak under the ridge cap. 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

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 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.

Compliance Item: 3 - Install new skylights since black tar was gobbed up all around the skylights. Investigator’s Observation: Excessive tar was used to seal skylights. Skylights are mounted under metal panels. Correct flashing technique should used. Manufacturer specifications need to be provided. 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.

Compliance Item: 4 - Top of the skylights are ponding water. Investigator’s Observation: Water is ponding on the back of the skylights against the tar sealant. 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.

Compliance Item: 5 - Gable is not aligned with the peak. (Peak not centered with gable) Investigator’s Observation: Gable pieces do not terminate at center of

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 gables front and back. 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.

Compliance Item: 6 - Nails were not properly removed (on the entire roof). New sheets are damaged by nails. (Dents all over roof) Investigator’s Observation: Most panels are dented from underneath. All dented panels should be replaced. 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.

Compliance Item: 7 - Gable trims are bowing, bent, not straight. (Trim underneath was not removed and the top panel was left over hanging.) Investigator’s Observation: Front gable finish trim is not flush to fascia due to main roof panel overhang. Roof panel should be flush to gable to allow finish trim to install flat. Rear gable trim not flush due to original drip edge not removed or cut back. 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Compliance Item: 8 - Peak is not aligned and straight. (Bowed, Holes) Investigator’s Observation: Ridge cap has numerous holes from missed screws, this should be replaced. Ridge is also very crooked and dented. 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.

Compliance Item: 9 - Valley is not cut uniformly and equal on both sides. It looks terrible. (Cuts are jagged and not clean) Investigator’s Observation: Valley edges are not uniform. Cuts are jagged with metal splinters. Cuts have not been treated and are rusting. 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.

Compliance Item: 10 - (Small section of roof) No flashing against the house.Gable trim is very sloppy. (One screw holding Piece) Investigator’s Observation: Small section at rear of home has one screw holding panel on and there is no flashing against wall. 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

Compliance Item: 11 - On most of the roof the overlaps are not done correctly. (Lifting, not fastened down) Investigator’s Observation: Screws were placed approx 2-3 inches from overlap edge, overlap is very loose in many places. 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.

Compliance Item: 12 - Overhangs do not match at eaves. Investigator’s Observation: Panels on West side overhang eave by approx. 1 inch, there is no overhang on the East side of the home. Industry standard shows 1-4" overhang is recommended. Overhangs should match each side. 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 C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Compliance Item: 1 - Install Drip Edges- This is a breach of contract. Drip Edges were not installed to save on time and money. Investigator’s Observation: These were installed prior to JSI. Governing Rule:

Compliance Item: 4 - Screws used are #10 and will back out of the plywood eventually. Should be using #14 screws. Investigator’s Observation: This was addressed prior to JSI. Governing Rule:

Compliance Item: 5 - On the ridge cap on the west side at the domer, the workmanship is horrible. Investigator’s Observation: This was addressed prior to JSI. Governing Rule:

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

Sincerely,

Mike Springer, Investigator #192 (520) 508-9735 [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.: 2024-02406 Investigator: Mike Springer Inspection Date: Thursday, May 16, 2024 Inspection Time: 12:30 PM

Jobsite Address: 3171 W Wren Dr Benson, AZ 85602

Complainant: Reana Trujillo Respondent: TKO Customz LLC Not Present: Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Complaint Item: 2 - Order new sheets that go all the way up to the edge of the ridge vent. Sheets that were ordered were way to short. Investigator’s Observation: Panels go under ridge gap 3/4" in some areas, 2" in others. No filler strip was used. It is feasible that wind driven water can bypass the panel and leak under the ridge cap. 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.

Complaint Item: 3 - Install new skylights since black tar was gobbed up all around the skylights. Investigator’s Observation: Excessive tar was used to seal skylights. Skylights are mounted under metal panels. Correct flashing technique should used. Manufacturer specifications need to be provided. 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

applicable to that aspect of construction work shall be performed in accordance with professional industry standards.

Complaint Item: 4 - Top of the skylights are ponding water. Investigator’s Observation: Water is ponding on the back of the skylights against the tar sealant. 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.

Complaint Item: 5 - Gable is not aligned with the peak. (Peak not centered with gable) Investigator’s Observation: Gable pieces do not terminate at center of gables front and back. 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.

Complaint Item: 6 - Nails were not properly removed (on the entire roof). New sheets are damaged by nails. (Dents all over roof) Investigator’s Observation: Most panels are dented from underneath. All dented panels should be replaced. 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.

Complaint Item: 7 - Gable trims are bowing, bent, not straight. (Trim underneath was not removed and the top panel was left over hanging.) Investigator’s Observation: Front gable finish trim is not flush to fascia due to main roof panel overhang. Roof panel should be flush to gable to allow finish trim to install flat. Rear gable trim not flush due to original drip edge not removed or cut back. 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

Complaint Item: 8 - Peak is not aligned and straight. (Bowed, Holes) Investigator’s Observation: Ridge cap has numerous holes from missed screws, this should be replaced. Ridge is also very crooked and dented. 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.

Complaint Item: 9- Valley is not cut uniformly and equal on both sides. It looks terrible. (Cuts are jagged and not clean) Investigator’s Observation: Valley edges are not uniform. Cuts are jagged with metal splinters. Cuts have not been treated and are rusting. 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.

Complaint Item: 10 - (Small section of roof) No flashing against the house.Gable trim is very sloppy. (One screw holding Piece) Investigator’s Observation: Small section at rear of home has one screw holding panel on and there is no flashing against wall. 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.

Complaint Item: 11 - On most of the roof the overlaps are not done correctly. (Lifting, not fastened down) Investigator’s Observation: Screws were placed approx 2-3 inches from overlap edge, overlap is very loose in many places. 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.

Complaint Item: 12 - Overhangs do not match at eaves. Investigator’s Observation: Panels on West side overhang eave by approx. inch, there is no overhang on the East side of the home. Industry standard 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

shows 1-4" overhang is recommended. Overhangs should match each side. 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.

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - Install Drip Edges- This is a breach of contract. Drip Edges were not installed to save on time and money. Investigator’s Observation: These were installed prior to JSI. Governing Rule: Not Applicable

Complaint Item: 4 - Screws used are #10 and will back out of the plywood eventually. Should be using #14 screws. Investigator’s Observation: This was addressed prior to JSI. Governing Rule: Not Applicable

Complaint Item: 5 - On the ridge cap on the west side at the domer, the workmanship is horrible. Investigator’s Observation: This was addressed prior to JSI. Governing Rule: Not Applicable

Mike Springer, Investigator #192 (520) 508-9735 [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

Complainant: Reana Trujillo 3171 W Wren Dr Benson, AZ 85602

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

C012 12/23 Respondent: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

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

C012 12/23 June 24, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-02406

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, June 27, 2024 at 10:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Mike Springer, Investigator #192 (520) 508-9735 [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

C012 12/23 Complainant: Reana Trujillo 3171 W Wren Dr Benson, AZ 85602

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-02406 Investigator: Mike Springer Inspection Date: Thursday, June 27, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes:

Compliance Findings: The following items remain out of compliance. Attempts were made but are not correct.

Compliance Item: 4 - Remove all the existing drip edge and metal flashing from the perimeter like it said would be done in the contract. Investigator’s Observation: North gable drip edge is not flush to fascia due to roof panel overhang. Roof panel should be flush to gable to allow drip edge to install flat. 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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 construction work shall be performed in accordance with professional industry standards.

Compliance Item: 7 - Gable is not aligned with the peak. (Peak not centered with gable) Investigator’s Observation: Gable pieces do not terminate at center of gables front and back. 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.

Compliance Item: 9 - Gable trims are bowing, bent, not straight. (Trim underneath was not removed and the top panel was left over hanging.) Investigator’s Observation: Front gable finish trim is not flush to fascia due to main roof panel overhang. Roof panel should be flush to gable to allow finish trim to install flat. Rear gable trim not flush due to original drip edge not removed or cut back. 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.

Compliance Item: 10 - Peak is not aligned and straight. (Bowed, Holes) Investigator’s Observation: Ridge cap has numerous holes from missed screws, this

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 should be replaced. Ridge is also very crooked and dented. 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.

Compliance Item: 11 - Valley is not cut uniformly and equal on both sides. It looks terrible. (Cuts are jagged and not clean) Investigator’s Observation: Valley edges are not uniform. Cuts are jagged with metal splinters. Cuts have not been treated and are rusting. 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.

Compliance Item: 12 - (Small section of roof) No flashing against the house. Gable trim is very sloppy. (One screw holding Piece) Investigator’s Observation: Small section at rear of home has one screw holding panel on and there’s no flashing against wall. 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 C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Mike Springer, Investigator #192 (520) 508-9735 [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 C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Reana Trujillo Case No. 2024-02406 COMPLAINANT, v. TKO Customz LLC CITATION License No. ROC 343730,

RESPONDENT.

The Registrar issues this Citation to TKO Customz LLC (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by July 13, 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 27, 2024, Reana Trujillo (“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

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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 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. 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

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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. 2024-02406. 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 July 13, 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

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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 party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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

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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 Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 28, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 28, 2024 to:

Respondent Certified Mail No: [number redacted]

TKO Customz LLC 3125 W Aspen way Benson, AZ 85602 Copy mailed by USPS First Class mail this same date to: TKO Customz LLC 3125 W Aspen way Benson, AZ 85602 Complainant Reana Trujillo 3171 W Wren Dr Benson, AZ 85602 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar of 6

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Case No. 2024-02406 / MTH

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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)

Reana B Trujillo Mailing Address (Enter jobsite in Contract/Project section) City State Zip

3171 W Wren Dr Benson Arizona 85602 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)

TKO Customz LLC ROC 343730 Street Address City State Zip

3125 W Aspen way Benson AZ 85602 Phone Number Email

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

William Clowers Contract/Project Information Contract Date Contract Amount Amount Paid

November 27, 2023 $9,800.00 $9,800.00 Date Work Started Date Work Stopped Date Work Was Completed

December 19, 2023 December 20, 2023 December 20, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3171 W Wren Dr Benson AZ 85602 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

William Clowers The contract was Both All change orders were Both This project was Residential This project involved Other Replacing shingle roof with metal roof A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Workmanship on our metal roof was horrible. There is so much wrong with it that needs to be redone. Underlayment hanging out from under the metal, nails poking through edge of roof, metal lifting, overlaps not secured down, etc. Allegations Listed on Complaint:

Install Drip Edges- This is a breach of contract. Drip Edges were not installed to save on time and money.

Remove the sheets, pound down all the nails, install new panels that are not dented.

Order new sheets that go all the way up to the edge of the ridge vent. Sheets that were ordered were way to short.

Remove all the existing drip edge and metal flashing from the perimeter like it said would be done in the contract.

Install new skylights since black tar was gobbed up all around the skylights.

Screws used are #10 and will back out of the plywood eventually. Should be using #14 screws.

On the ridge cap on the west side at the domer, the workmanship is horrible.

Top of the skylights are ponding water.

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

Reana B Trujillo \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 RECEIVED LEGAL 7/10/2024

Resolvere Law PLLC Lawrence J. Felder, Esq. # 019763 3101 N. Central Ave., Suite 850 Phoenix, Arizona 85012 Telephone: 480-725-9135 [email redacted] [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA REANA TRUJILLO, ) Case No. 2024-02406 ) COMPLAINANT, ) ANSWER ) AND v. ) REQUEST FOR INFORMAL ) SETTLEMENT CONFERENCE TKO CUSTOMZ, L.L.C., LICENSE NO. ) ROC 343730. ) ) RESPONDENT. ) ) Respondent TKO Customz, L.L.C. hereby makes its answer to the complaint and denies all allegations. Respondent requests the setting of an informal settlement conference. DATED: July 10, 2024 RESOLVERE LAW PLLC

_ /s/ Lawrence J. Felder___________ Lawrence J. Felder, Esq. #019763 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Attorney for Respondent RECEIVED LEGAL 7/10/2024

Original of the foregoing emailed this 10th day of July, 2024, to: [email redacted] Arizona Registrar of Contractors Arizona Registrar of Contractors Inspector Mike Springer [email redacted] Reana Trujillo Complainant [email redacted] By: /s/ Lawrence J. Felder RECEIVED LEGAL 7/10/2024

Legal New Mail - AZROC <[email redacted]>

TKO/Trujillo - 2024-02406 message

Larry Felder <[email redacted]> Wed, Jul 10, 2024 at 10:18 AM To: Legal New Mail - AZROC <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: Victoria <[email redacted]>

All: Please see attached answer and request for settlement conference. Thank you, Larry Felder

Lawrence J. Felder, Esq. Resolvere Law PLLC 3101 N. Central Avenue, Suite 850 Phoenix, Arizona 85012 http://www.resolverelaw.com D: (480) 725-9135

Please note that we have moved to Suite 850.

2024-07-10 Answer - 2024-02406.pdf 39K Problems with Roof: *See roof Diagram for specific location on roof with problem area.

A. Gable is not aligned with the peak. (Peak not centered with gable) B. Skylights are sloppy, ponding water on top between panels, and has tons of tar gobbed up all around both skylights. 1. Patch job around skylight above the kitchen. C. Nails were not properly removed (on the entire roof). New sheets are damaged by nails. (Dents all over roof) D. Peak is not covering sheets properly. (Sheets are not fastened under the peak.) (no closure strip was installed under the peak.) 1. Quite a few sheets do not go far enough under the peak. (about 4 to 6 inches to short) 2. Screws are also not tightened all the way down. E. Gable trims are bowing, bent, not straight. (Trim underneath was not removed and the top panel was left over hanging.) F. Peak is not aligned and straight. (Bowed, Holes) G. Valley is not cut uniformly and equal on both sides. It looks terrible. (Cuts are jagged and not clean) H. Peak has holes from screws and is dented. I. Gable trim is not installed properly and trimmed professional to industry standards. J. (Small section of roof) No flashing against the house. Gable trim is very sloppy. (One screw holding flat piece on, Cuts are terrible, Screws are not fastened down all the way) K. On most of the roof the overlaps are not done correctly. (Lifting, not fastened down) L. Screw rows on the roof are not aligned and even. M. New sections of panels that were replaced the second time (on the north side) go further up under the cap and are also over-hung. (The rest of the roof has no overhang- not done correctly) Complaint # 2024-02406 P 1 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 2 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 3 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 4 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 5 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 6 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 7 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 8 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS Complaint # 2024-02406 P 9 CJSI address: 3171 W Wren Dr Date: 6-27-24 JSI PHOTOS 6/24/24, 8:32 AM State of Arizona Mail - Re: ROC extension

Michael Springer <[email redacted]>

Re: ROC extension messages

William Clowers <[email redacted]> Tue, Jun 18, 2024 at 7:06 PM To: Mike Springer <[email redacted]>

Wanted to let you know we have completed all the items you requested be done. I also left you a voicemail today about what has happened over the last 2 days with the complaints friend/ contractor. Also I was advised today by the friend/contractor ( Philip McFate) that he has received a copy of the directive from the complaint which is a breach of confidentiality. Sent from my iPhone

On Jun 5, 2024, at 12:30 PM, William Clowers <[email redacted]> wrote:

Will do, We have a start date of the 17th.

On Wed, Jun 5, 2024 at 8:30 AM Mike Springer <[email redacted]> wrote: I'm not sure I let you both know, Ive extended the deadline until 6-21-24 for materials to arrive. Keep me posted.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r8728717554565708168&simpl=msg-f:[number redacted]… 1/3 6/24/24, 8:32 AM State of Arizona Mail - Re: ROC extension

reana trujillo <[email redacted]> Wed, Jun 19, 2024 at 8:48 AM To: Mike Springer <[email redacted]>

Good Morning Mike, I am sorry to bother you so early in the morning. I am very concerned about the condition of our roof since William has said he has completed the job and we have rain coming our way soon. I have attached some pictures to this email of just a couple things I have seen so far since they have redone the roof. I wanted to see how soon you would be able to come out and do another inspection so you could see the condition of the roof yourself. I really appreciate all your help throughout this process.

Thank You, Reana Trujillo [Quoted text hidden]

attachments

IMG_5968.jpg 1529K

IMG_5964.jpg 1737K

IMG_5969.jpg 1981K

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r8728717554565708168&simpl=msg-f:[number redacted]… 2/3 6/24/24, 8:32 AM State of Arizona Mail - Re: ROC extension

IMG_5963.jpg 3566K

Mike Springer <[email redacted]> Wed, Jun 19, 2024 at 2:43 PM To: reana trujillo <[email redacted]>

I will be scheduling a compliance inspection. [Quoted text hidden]

reana trujillo <[email redacted]> Wed, Jun 19, 2024 at 2:45 PM To: Mike Springer <[email redacted]>

Okay thank you [Quoted text hidden]

reana trujillo <[email redacted]> Fri, Jun 21, 2024 at 11:33 AM To: Mike Springer <[email redacted]>

Hi Mike, I just wanted to check in and see if you had a date set for the compliance inspection yet? We have rain coming and need to get something done as soon as we can.

Thank You, Reana Trujillo [Quoted text hidden]

Mike Springer <[email redacted]> Fri, Jun 21, 2024 at 4:36 PM To: reana trujillo <[email redacted]>

Not yet, I have to wait for it to expire. [Quoted text hidden]

reana trujillo <[email redacted]> Fri, Jun 21, 2024 at 5:00 PM To: Mike Springer <[email redacted]>

Okay [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r8728717554565708168&simpl=msg-f:[number redacted]… 3/3 5/22/24, 2:14 PM State of Arizona Mail - Re: Respondent-Directive

Michael Springer <[email redacted]>

Re: Respondent-Directive messages

William Clowers <[email redacted]> Wed, May 22, 2024 at 11:16 AM To: Mike Springer <[email redacted]>

I placed the order for the materials this morning and they are anticipating the delivery date to be June 13 or 14th, With that being said we are planning on doing the repairs on June 17th which is a Monday. Please let me know what the new date of completion from you will be due to the wait time on materials. Thank you, William

On Fri, May 17, 2024 at 4:55 PM William Clowers <[email redacted]> wrote: Ok, thanks for the clarification.

On Fri, May 17, 2024 at 4:12 PM Mike Springer <[email redacted]> wrote: Skylights need cleaned up and flashed right.

Line up the ridge, trim is not on you.

Right now sheets are short, didn't get anything from you saying different. Most will need replaced either way.

Filler strip is needed

On Fri, May 17, 2024, 4:08 PM William Clowers <[email redacted]> wrote: On Complaint #3 are you saying that the skylights need to be replaced? Because when you were out there the first time you said they did not need replaced and the tar would clean up when we replace the panels around them and those type of skylights are self flashed. Please advise.

Complaint # 2 are you requesting that there be a filler strip under the ridge cap? Also what is the industry standard for the metal panels to go under the ridge cap? Please advise

Complaint # 8 are you requesting that we line up the ridge cap with the off center trim that is on the home? If so then the ridge cap will be off to one side of the home and not centered with the actual ridge of the home. Please advise.

We will need to set up a time with the complaint to be able to get a material list and count how many panels are dented, then order the panels. I will advise on the lead time for the materials. Based on lead time will the compliance date be extended?

I will wait on your response to clear up the questions I posed in this email before contacting the complainant to set up a date to get a material list and start work. Thank you.

On Fri, May 17, 2024 at 3:06 PM Mike Springer <[email redacted]> wrote: A written Directive has been issued, please see attached documents. You will also receive these documents via USPS mail.

Additional Information:

Once a written directive has been issued, the Respondent should schedule with the Complainant to make corrections (Email is recommended) The ROC Considers regular working hours to be Mon-Fri 8AM to 5PM. If the Complainant refuses access to the Respondent after making reasonable requests to correct the complaint items, the case may be closed due to denial of access.

The deadline for the Directive is to have items corrected, it is not a response deadline, it is a corrections deadline, all items should be corrected by that time. https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r1180678359519145023&simpl=msg-f:[number redacted]… 1/2 5/22/24, 2:14 PM State of Arizona Mail - Re: Respondent-Directive

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

Mike Springer <[email redacted]> Wed, May 22, 2024 at 2:14 PM To: William Clowers <[email redacted]>

I will extend until 6-20-24 [Quoted text hidden] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r1180678359519145023&simpl=msg-f:[number redacted]… 2/2 6/5/24, 8:30 AM State of Arizona Mail - ROC extension

Michael Springer <[email redacted]>

ROC extension message

Mike Springer <[email redacted]> Wed, Jun 5, 2024 at 8:30 AM To: William Clowers <[email redacted]> Cc: reana trujillo <[email redacted]>

I'm not sure I let you both know, Ive extended the deadline until 6-21-24 for materials to arrive. Keep me posted.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

facebook 4 twitter 2

Fill out AZ ROC’s survey to let us know how we’re

doing and how we can better serve you!

cid:[email protected]

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-a:r8728717554565708168&simpl=msg-a:r-[number redacted]… 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