2024A-03002-CHC-ROC Notice of Hearing & Packet MAILED 2024-03002.pdf

2024A-03002-CHC-ROC · Registrar of Contractors · 2024-08-20

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christopher Day , Case No. 2024-03002

COMPLAINANT, Docket No. 2024A-03002-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Dolores Mary Beno DBA: Beno's Flooring Services License No. ROC 331472,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

October 7, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 14, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated August 19, 2024.

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

Copy mailed via USPS First Class mail August 19, 2024 to:

Respondent(s) Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131 Complainant(s) Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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. 2024-03002 /

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: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 June 109, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

Case No.: 2024-03002 Investigator: Cliff Corlett Inspection Date: Monday, April 8, 2024 Inspection Time: 11:30 AM

Compliance Jobsite General Notes: On May 1, 2024 the Registrar of Contractors issued a Written Directive for case 2024-03002 directing the Respondent to properly correct out of 4 complaint allegations. Respondent has returned and made correction per the Written Directive. The Complainant alleges that as a result of the Respondents corrective work there are now 21 cracked wall tiles. The black grout color that Respondnet installed in niche comes off with a wet cloth and that Respondents man stated that there was stone/tile unstalled upside down on the shower floor. The ROC Investigator still believes the “upside down tile” is a glue transfer at the factory and that the Respondent demonstrated it could be removed with vinigar and a “Magic Eraser”.

The ROC Investigator saw that the black grout could transfer color with a wet cloth.

The ROC Investigator did observe approximatelly 21 cracked tiles however I cannot say for certain how they became cracked.

Compliance Findings: RESPONDENT IS NOT IN COMPLIANCE

Compliance Item: 1 - Grout in corners of the show is separating in multiple locations Investigator’s Observation: Grout cracks in corners were observed.

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 SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

May 31 Compliance Inspection Observations: Respondent had corrected cracked grout. Respondent is in Compliance # 1.

Compliance Item: 2 - Tile in the shower niche is bowed Investigator’s Observation: Tile in shower niche has excessive lippage. Possible curved tile. RESPONDENT SHOULD CORRECT LIPPAGE BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

May 31 Compliance Inspection Observations: Respondent has corrected the bowed tile in niche. Respondents black grout transfers color to wet cloth. Respondent is not in Compliance # 2.

Compliance Item: 3 - Floor tile in shower in installed upside down Investigator’s Observation: Tile is not installed upside down. Tile does have glue transfer from the factory. Respondent demonstrated this can be removed by cleaning. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

May 31 Compliance Inspection Observations: Tile floor still appeared to need more cleaning of transferred glue. Respondent is not in Compliance # 3.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Compliance Item: 4 - Schluter Jolly not cut at proper angles so there are gaps at every corner Investigator’s Observation: Schluter Jolly joints cut inaccurately and joints colored with black marker. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

May 31 Compliance Inspection Observations: Schluter Jolly installation is acceptable. Respondent is in Compliance # 4.

Note:

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

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

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Property Owner: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 Contractor: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 February 19, 2024

Contractor: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

Property Owner: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

Case No.: 2024-00796 Investigator: Cliff Corlett Inspection Date: 2/5/2024 Inspection Time: 1:00pm

BUILDING CONFIDENCE PARTICIPANTS Here are some things you should know about the Registrar of Contractors Building Confidence Program:

This visit is performed as a service to the public in an informal attempt to address questions that might involve construction workmanship. A completed copy of this notice will be mailed to the contractor and the property owner within five days after the inspection. No further written reports will be sent nor will the inspector perform any follow up calls after this Building Confidence visit. If the items in question do not meet workmanship standards and the contractor does not resolve those items, it may be necessary for you to file a formal complaint. You can call us at any of our locations throughout the state or check our website at roc.az.gov for information concerning filing a complaint.

January 22, Taken by: Cliff Corlett Date: 2024 Assigned Inspector: Cliff Corlett

Visit Requested by: Property Owner Can Contractor Be Present? yes Date Contractor Completed the Work: 1/8/2024 Date Contractor Last Performed Work:

Date of Contract: 7/11/2023 Date of Move-in: Click or tap to enter a date.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 This is the only written notice you will receive of this visit. The findings in this notice represent the opinion of the assigned inspector, and are based on information and conditions present at the time of jobsite visit. In the future, should you file a formal complaint, it may be assigned to a different inspector.

The following item(s) were addressed by an ROC Inspector. Inspectors shall initial and check the box which indicates the work either meets or does not meet ROC Workmanship Standards for each item.

Wall tiles in shower are not flush Investigators Observations: The Workmanship Standards for Licensed Contractors (WSLC) states the max lippage for these tile is 1/32-inch. Some tile were found to be t the max but none were observed to exceed. NO CONTRACTOR ACTION REQUIRED. Meets ROC Workmanship Standards X Does NOT Meet ROC Workmanship Standards

Grout in corners of the show is separating in multiple locations This is a work in progress however a contractor is required to address grout cracks for first year after completion.

Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship Standards X

Grout in the shower has excessive pinholes/air pockets No excessive pinholes or pocketes were observed.

Meets ROC Workmanship Standards X Does NOT Meet ROC Workmanship Standards

Tile in the shower niche is bowed Shower niche tile appears to have a bit of a curve. If tile characteristics were brought to buyers attention then the installatoon is acceptable. If tile characteristicswere not shown to buyer then the curved tile in the niche should be replaced. Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship Standards X

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 Floor tile in shower in installed upside down Stone/tile in shower floor appears to have the installation netting glue/pattern transferd to the exposed tile surface (or it’s upside down). If the “waffle pattern” can be removed the stone/ tile is acceptable, if it can’t be removed then the stone / tile should be replaced. Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship Standards X

Schluter Jolly not cut at proper angles so there are gaps at every corner Schulter system was miter cut and there are some gaps, sharp edges and crooked joints.

Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship Standards X

Schluter Jolly corner pieces were not used leaving exposed sharp edges Schulter does offer corner trim pieces for their systems. No information provided to indicate that these pieces were to be used on this project. there are some gaps, sharp edges and crooked joints Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship Standards X

Unknown square footage of shower tile not installed according to manufacturar specification Not sure what this allegation is.

Meets ROC Workmanship Standards X Does NOT Meet ROC Workmanship Standards

The incorrect Schluter Drain Kit was installed. Property owner supplied the Correct one. The original was taken by the contractor. This line item needs to come off the invoice. Drain appears to be properly installed. Any refund or invoice adjustment would be beyond the jurisdiction of the Registrar. Meets ROC Workmanship Standards X Does NOT Meet ROC Workmanship Standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 Floor preparation and crack isolation was not done so there are large gaps under The baseboard. ### The WSLC state that concrete floors should be flat within ¼-inch in 10-feet. This does provide for some waviness. Floating plank floors require gaps at all walls and cabinets, baseboards should not touch planking. Meets ROC Workmanship Standards X Does NOT Meet ROC Workmanship Standards

Contractor states deposit was $6000.00. Correct amount is $7400.00 Not a workmanship issue

Meets ROC Workmanship Standards Does NOT Meet ROC Workmanship

This visit has been an informal attempt to resolve any questions pertaining to construction related workmanship. Any items that do not meet workmanship standards should be resolved by the contractor or it may be necessary for the property owner to file a formal complaint. Information and the complaint form are available at our website roc.az.gov or you may contact any of our offices.

Close Date: 2-19-24

Contractor was given a copy of this Recommendation by: Mail X Fax At the Site Visit Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 5/21 2024-03002 CJSI PHOTOS 5-31-24 BENO’S FLOORING 1055 PIAUTE PL LAKE HAVASU CITY

CJSI-1 Replaced corner. Scratched

CJSI-2

Replaced corner. - Scratched CJSI-3

Replaced corners in niche.

CJSI-4

“Sagging” tile replaced. CJSI-5

CJSI-6

Anywhere there is blue tape, the tile is “hairline” cracked. CJSI-7

CJSI-8 CJSI-9

CJSI-10

C contends R’s workman admitted to him that floor tile was installed upside down.

ROC still contends that a glue transfer occurred at the factory. CJSI-11

CJSI-12 CJSI-13

CJSI-14

Scratched shower fixture. CJSI-15

CJSI-16 CJSI-17

Blue tape, hairline tile crack.

CJSI-18 CJSI-19

CJSI-20 CJSI-21

CJSI-22 CJSI-23

Respondent did not rework this corner

CJSI-24

Black Grout transfer. CJSI-25 Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

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: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 1, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

Re: Complaint No. 2024-03002

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for Monday, April 8, 2024 at 11:30 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.

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: 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.

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,

/S/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File FILE

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

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 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 2024-03002 DELORES MARY BENO DBA: BENO’S FLOORING SERVICE. 1055 PIAUTE DR LAKE HAVASU

JOBSITE PHOTOS 4-8-24 and BUILDING CONFIDENCE PROGRAM PHOTOS 2-5-24

P-01

BCV PHOTOS POOR WORK SHULTER JOLLY CORNERS

P-02 P-03

R colored joints colored with black permanent marker.

P-04 P-05

P-06 P-07

P-08

R colored joints colored with black permanent marker. P-09

P-10

Tile joints excess lippage. P-11

P-12

Excess grout P-13

P-14 P-15

R colored joints colored with black permanent marker.

P-16 P-17

P-18

“Waffle” glue pattern on tile surface. Glue transfer from factory. P-19

P-20 P-21

P-22 P-23

P-24 P-25 P-26

Cracked tile corner grout P-27

Cracked tile corner grout P-28 Defective tile (not on complaint) P-29 P-30 2024-03002 Compliance Jobsite Photos.

Photos rcvd from Respondent of repair work. Alleging Complainant cracked his own tile

(approx. 20 tiles)

Crack crack Scratch Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

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

C012 12/23 May 21, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-03002

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday, May 31, 2024 at 09:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Cliff Corlett, Investigator #167 (928) 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

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

C012 12/23 5/22/24, 6:18 PM State of Arizona Mail - Re: AZ ROC case 2024-03002 Compliance Inaspection Notice

Clifford Corlett <[email redacted]>

Re: AZ ROC case 2024-03002 Compliance Inaspection Notice message

Beno's Flooring Las Vegas <[email redacted]> Tue, May 21, 2024 at 12:32 PM To: Clifford Corlett <[email redacted]>, Christopher Day <[email redacted]>

Mr. Corlett,

My wife and I will be out of town from May 28 thru June 7th.

Respectfully

Nick & Dede Beno

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From: Clifford Corlett <[email redacted]> Sent: Tuesday, May 21, 2024 12:19:13 PM To: Christopher Day <[email redacted]>; Beno's Flooring Las Vegas <[email redacted]> Subject: AZ ROC case 2024-03002 Compliance Inaspection Notice

To all parties, a Compliance Inspection has been scheduled for May 31, 2024 at 9:30AM. Please see attached agency letter. Hard copy to follow via U.S. Mail.

Cliff Corlett- Investigator # 167 Mohave & La Paz Counties Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ. 85007-2812 Cell (928) 323-4739 Fax: (602) 542-3919 e-mail: [email redacted] website: roc.az.gov ROC Logo/ To ROC Home Page ROC Investigator Badge/ Link to Investigations menu facebook 4 twitter 2

cid:[email protected] out AZ ROC’s survey to let us know how we’re doing.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 1/1 6/11/24, 4:50 PM State of Arizona Mail - Re: response from Mr. Day

Clifford Corlett <[email redacted]>

Re: response from Mr. Day message

Clifford Corlett <[email redacted]> Tu To: Beno's Flooring LHC <[email redacted]> Cc: Christopher Day <[email redacted]>

Although the ROC encourages cooperation between the parties, the Complainant is no longer required to allow access after the Written Directive compliance time frame has expired. In this case that due date was 5/17/24. I have attached a copy of the "Guide to Written Directives" that was included with the original compliant notification and again with the Written Directive. Denial of access after the compliance due date is not grounds to dismiss the case. Mr. Day has contacted this office earlier regarding this matter and has stated he no longer wants to allow access. Cliff Corlett- Investigator # 167 Mohave & La Paz Counties Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ. 85007-2812 Cell (928) 323-4739 Fax: (602) 542-3919 e-mail: [email redacted] website: roc.az.gov ROC Logo/ To ROC Home Page ROC Investigator Badge/ Link to Investigations menu facebook 4 twitter 2

cid:[email protected] out AZ ROC’s survey to let us know how we’re doing.

On Tue, Jun 11, 2024 at 4:11 PM Beno's Flooring LHC <[email redacted]> wrote: Clifford,

Mr. Day is refusing to allow us on his property to make the corrections to the two remaining directives. We are requesting that this complaint now be dismissed and closed.

Respectfully,

Nick Beno

Office: (928) 733-6333 Lake Havasu Ave North Lake Havasu City, AZ 86403 www.BenosFlooring.com

From: Christopher Day <[email redacted]> Sent: Tuesday, June 11, 2024 3:39 PM To: Beno's Flooring LHC <[email redacted]> Subject: Re: AZROC letter from 6/10

Sorry we are done working with you guys to attempt to correct the issue and the problems your employees have caused. The time line has come and gone and we will be pursuing legal action.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r-[number redacted]… 1/3 6/11/24, 4:50 PM State of Arizona Mail - Re: response from Mr. Day

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r-[number redacted]… 2/3 6/11/24, 4:50 PM State of Arizona Mail - Re: response from Mr. Day

C.Day

On Jun 11, 2024, at 2:55 PM, Beno's Flooring LHC <[email redacted]> wrote:

Mr. Day,

AZROC has determined that the Shower pan still has some adhesive residue that needs to be removed and the black grout in the shampoo niche area is transferring color Please coordinate via email your available schedule for us to correct these two issues. Thanks.

Beno's Flooring

<Outlook-k3gi11ou.jpg>

Office: (928) 733-6333 Lake Havasu Ave North Lake Havasu City, AZ 86403 www.BenosFlooring.com

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ROC GUIDE TO WRITTEN DIRECTIVES.pdf 182K

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r-[number redacted]… 3/3 Jobsite Inspection Notes

Case No.: 2024-03002 Investigator: Cliff Corlett Inspection Date: Monday, April 8, 2024 Inspection Time: 11:30 AM

Complainant: Christopher Day Respondent: Dolores Mary Beno Not Present: Not Present:

Jobsite General Notes:

Compliance Item: 1 - Grout in corners of the show is separating in multiple locations Investigator’s Observation: Grout cracks in corners were observed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 3 - Floor tile in shower in installed upside down Investigator’s Observation: Tile is not installed upside down. Tile 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

does have glue transfer on surface from the factory. Respondent demonstrated this can be removed by cleaning. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 4 - Schluter Jolly not cut at proper angles so there are gaps at every corner Investigator’s Observation: Schluter Jolly joints cut inaccuratly and joints colored with black marker. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Cliff Corlett Cliff Corlett, Investigator #167 928 6370483 [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

6/10/24, 4:33 PM State of Arizona Mail - Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services.

Clifford Corlett <[email redacted]>

Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services. message

Christopher Day <[email redacted]> To: Clifford Corlett <[email redacted]>

In there attempt to fixing some of the issues they ended up creating more problems. Wife and I just wanted to be done with them! We don’t know what’s the next step. In the process of chipping out the

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 1/5 6/10/24, 4:33 PM State of Arizona Mail - Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 2/5 6/10/24, 4:33 PM State of Arizona Mail - Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 3/5 6/10/24, 4:33 PM State of Arizona Mail - Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services.

C.Day

On May 2, 2024, at 9:13 AM, Clifford Corlett <[email redacted]> wrote:

To all parties, the Respondent objected to the wording of Written Directive Complaint Allegation # 4. regarding using a "Black marker". I have amended the Directive and removed the "marker" reference. Other than this clarification, the Directive remains the same.

Corrected Directive attached. cc: Christopher Day Cliff Corlett- Investigator # 167 Mohave & La Paz Counties Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ. 85007-2812 Cell (928) 323-4739 Fax: (602) 542-3919 e-mail: [email redacted] website: roc.az.gov

ROC Logo/ To ROC Home Page ROC Investigator Badge/ Link to Investigations menu facebook 4 twitter 2

cid:[email protected] out AZ ROC’s survey to let us know how we’re doing.

On Wed, May 1, 2024 at 5:16 PM Beno's Flooring Las Vegas <[email redacted]> wrote: Clifford,

Thanks for the information. Need one correction. Allegation #4. Jolly joint cuts were not cut inaccurately(according to Schluter) and we did not color the joint with a marker. The customer did no

Respectfully,

Nick Beno

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From: Clifford Corlett <[email redacted]> Sent: Wednesday, May 1, 2024 5:05:43 PM

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 4/5 6/10/24, 4:33 PM State of Arizona Mail - Re: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services. To: Beno's Flooring Las Vegas <[email redacted]>; Christopher Day <[email redacted]> Subject: AZ ROC Written Directive for case 2024-03002- Beno's Flooring Services.

To all parties, please find attached a copy of the agency Hard copies to follow via U.S. Mail.

cid:[email protected] out AZ ROC’s survey to let us know how we’re doing. <2024-03002-Written Directive-Beno s Flooring =.pdf>

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 5/5 Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

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 1, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

License No. ROC 228602

Re:Complaint No. 2024-03002

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 17, 2024.

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Allegation: 1 - Grout in corners of the show is separating in multiple locations. Investigator’s Observation: Grout cracks in corners were observed. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Allegation: 2 - Tile in the shower niche is bowed. Investigator’s Observation: Tile in shower niche has excessive lippage. Possible curved tile. RESPONDENT SHOULD CORRECT LIPPAGE BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Complaint Allegation: 3 - Floor tile in shower in installed upside down. Investigator’s Observation: Tile is not installed upside down. Tile does have glue transfer on the surface from the factory. Respondent demonstrated this can be removed by cleaning. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Allegation: 4 - Schluter Jolly not cut at proper angles so there are gaps at every corner. Investigator’s Observation: Schluter Jolly joints cut inaccurately and the white grout in the Jolly joints were colored black. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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 1, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

License No. ROC 228602

Re:Complaint No. 2024-03002

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on May 17, 2024.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Allegation: 4 - Schluter Jolly not cut at proper angles so there are gaps at every corner. Investigator’s Observation: Schluter Jolly joints cut inaccurately and the joints were colored with a black marker. RESPONDENT SHOULD CORRECT BY APPROPRIATE METHODS. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Property Owner: William Dolan 2403 Sandpiper Dr Bullhead City, AZ 86442

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 2/24 Contractor: WJH LLC DBA: Wade Jurney Homes 3091 Governors Lake Dr Ste 300 Norcross, GA 30071-1133

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 2/24 May 3, 2024 Contractor: WJH LLC DBA: Wade Jurney Homes 3091 Governors Lake Dr Ste 300 Norcross, GA 30071-1133

Property Owner: William Dolan 2403 Sandpiper Dr Bullhead City, AZ 86442

Case No.: 2024-04861 Investigator: Cliff Corlett Inspection Date: 5/22/2024 Inspection Time: 12:00 Noon

BUILDING CONFIDENCE PARTICIPANTS Here are some things you should know about the Registrar of Contractors Building Confidence Program:

Taken by: Cliff Corlett Date: April 29, 2024 Assigned Inspector: Cliff Corlett

Visit Requested by: Property Owner Can Contractor Be Present? yes Date Contractor Completed the Work: Date Contractor Last Performed Work:

Date of Contract: January 9, 2022 Date of Move-in: October 27, 2022

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C001 2/24 This is the only written notice you will receive of this visit. The findings in this notice represent the opinion of the assigned inspector, and are based on information and conditions present at the time of jobsite visit. In the future, should you file a formal complaint, it may be assigned to a different inspector.

The following item(s) were addressed by an ROC Inspector. Inspectors shall initial and check the box which indicates the work either meets or does not meet ROC Workmanship Standards for each item.

Builders vendor refuses to complete work as agreed, builders rep (Emily Orantes) closed submission. Requested a core sample to determine correct mixture and scraping and retexturing as needed. ROC Observation: The complaining party bears the burden of proof. Meets ROC Workmanship Standards ☒ Does NOT Meet ROC Workmanship Standards

Stucco is very soft with no cement barrier. ROC Observations: This stucco system is referred to as a “One Coat” system. Application is a typical installation. Meets ROC Workmanship Standards ☒ Does NOT Meet ROC Workmanship Standards

Close Date: Monday, June 10, 2024

Both parties were given a copy of this Recommendation by: ☒ Mail ☒ Email ☐ At the Site Visit

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [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 C001 2/24 Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

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: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 April 2, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-03002

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for April 8, 2024 at 11:30AM has been rescheduled for: Monday, April 8, 2024 at 4:00PM.

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,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 1, 2024

Respondent: Dolores Mary Beno DBA: Beno's Flooring Services 4310 Losee Rd Ste 5 North Las Vegas, NV 89030

Complainant: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403

Re: Complaint No. 2024-03002

Dear Complainant and Respondent:

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

• A jobsite inspection is scheduled for Monday, April 8, 2024 at 11:30 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.

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,

/S/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Cc: File FILE

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Steve Philpott RE: Case # 2024-00796 Reason for the letter is to address some recent issues we have had with a homeowner and the interactions with AZROC investigator Clifford Corlett. Quickly about us. We are Beno’s Flooring and have been flooring contractors in the states of Nevada, Arizona and California for 24 years. We have performed over 50,000 installations and have had maybe 3 issues where a contractors board or court was involved. The reason for that is we are a good contractor. If there are issues, we correct before it becomes a problem. The first issue I would like to address is ARS 32-1129.01, the prompt payment act. From the beginning I informed Mr Corlett that Mr. Day’s only goal is to not pay for materials and labor provided. The inspection and issuing of directives process, I believe, directly violates my rights as a contractor. The small amount of leverage this statute provides to a contractor is eliminated by AZROC directives. As a contractor I can withhold completion or punch list items until I receive payment for the contract minus a 5-10% retainage. When AZROC issues directive to correct it not only ignores this statute but doesn’t even take the time to explain it to a property owner. So, you are essentially forcing a contractor to make corrections before they have been paid. This is a terrible policy that hurts contractors. Second issue, not sure what your emailing policy is but I sent several emails directly to Mr. Corlett that were not intended to be seen by the property owner, Mr. Day. Mr. Corlett shared my emails with Mr. Day. In my opinion, this is unprofessional and could(and did) create animosity from the customer toward us the contractor. This action of Mr Corlett to share my emails with Mr Day makes me believe that I can’t share pertinent information about this job without him immediately telling or sharing the information with Mr Day. If it is not your policy to protect my privacy, it should be. For someone volatile like Mr Day this could cause more serious issues, you should be concerned about your investigators sharing contractor emails with homeowners. The whole thing makes me distrust AZROC. Mr. Corlett seems like a competent & knowledgeable investigator but my rights as a contractor were and are completely ignored. Third issue. We completed the directives at Mr. Days and when I contacted Mr. Day for payment he made additional claims of issues he said were caused by our doing the corrective actions. He then stated he was willing to inform AZROC that he was satisfied with the directives but then he would only pay us half what he owed. Specifically, he stated that my installer cracked 21 existing tiles while performing the repairs, damaged his shower plumbing fixture, and missed an approximately 2” grout repair. I explained to Mr. Corlett that this was impossible. You have to apply some common sense and logic here. My installer is an excellent craftsmen and has been with us for 5 years and he completes 2 entire houses for me in Lake Havasu every month(with zero issues). Mr. Days picture he sent had 21 pieces of blue tape(see attached pic), two thirds of which were nowhere near where we were working and the fact he expects everyone to believe that the installer comes there on a Saturday to complete the punchlist, spends all day there, makes all the corrections, cleans up and somehow he doesn’t notice 21 cracked tiles. It’s so preposterous I can’t believe I’m writing it. And of course, Mr Days first response was to just send Mr. Corlett notice that everything is just fine and then he would pay me half of what he owed. I forwarded this information to Mr. Corlett and requested how to proceed. Did not receive any directive from Mr Corlett so I emailed Mr Day and let him know I was waiting for a response from AZROC. That’s when Mr Day became angry and said he emailed Mr. Corlett that he didn’t want us back in his house and told us he rescinded his half payment to zero payment. Seeing any red flags here yet? Now Mr. Day has decided he wants a compliance inspection. I don’t understand after everything he has said and done why this is still an option for him. It is our contention that Mr. Day is either lying about all the cracked tiles or he cracked them himself to avoid paying us. What we want at this point is for this investigation to be removed from our record and the compliance inspection cancelled. Mr. Day has already written in at least two emails he was willing to accept the job as is and that he no longer wants us back on his property. What more does AZROC need to cancel this complaint? Mr. Day has consistently lied to everyone in our office since his project began, he made his initial deposit in cash so we wouldn’t have a credit card to charge for progress payment. He simply doesn’t want to pay, that has been his entire goal from day one. At this point I would release him from any further payment under the condition the AZROC investigation is closed showing Beno’s Flooring compliant and a release of all further liability from Mr. Day. If Mr. Corlett issues a directive to correct the cracked tiles I will legally fight that action and ask my attorney to review all correspondence to determine what rights of mine as a contractor have been violated. You or your legal department will have to explain in court how Beno’s Flooring cracked 21 tiles without noticing one of them and how two thirds of them are located nowhere near where we worked, and when I explain that we have been a licensed contractor for 24 years and the installer for years, I’ll bring in hundreds of pictures of completed showers from this installer, when I explain that Mr. Day never paid his bill, I will share all of my correspondence warning Mr. Corlett that Mr. Days only goal is not to pay, I will present side by side pictures showing what we did like the attached. No one wants to go to court but I am feeling like I might not have any other option. It is clear that AZROC does not support contractors and no decisions are made in favor of the contractor no matter how much sense it makes. All I am asking for is fairness. Is it fair Mr. Day does not pay me without me suing him? Is it fair that AZROC directed me to make corrections even though I haven’t been paid? Is it fair that Mr Day can tell me and Mr. Corlett he no longer wants us on his property and is willing to accept his project if we don’t try and collect, and then he gets to change his mind and order a compliance inspection? I don’t really expect much from this correspondence but I’m hoping that you will understand my position and realize that treating good contractors this way is a sure way to send them packing out of state not to return because they are not treated fairly.

To the left is the work area during our last visit. To the right is what Mr Day claims are cracked tiles that occurred during our repairs. 14 are located nowhere near the area we were working, now the other seven are in proximity but we did not crack those either. After speaking with the installer, this was his third trip back to Mr. Days and he did not want to return. After he completed the punchlist he examined the whole job to insure there were no more issues, so he stated to me that there were no cracked tiles when he left the job. This is how it looked when we last left. Feel free to zoom in, no cracked tiles. This was from our first punchlist before I called out Mr Day on his lies and he threw me off his property. The pic on the top shows a damaged tile that Mr Day claimed we did. The installer photo on the bottom(harder to see) shows no damage when he was done. Originally we thought it might be other trade damage so we just replaced it, but now we believe Mr Day damaged this piece on purpose. We completed all directives from Mr Corlett and within the scheduled timeframe. Mr Day is now claiming we cracked 21 tiles, scratched his plumbing fixture, and left a 2” grout repair near the ceiling. Out of those items the only one that is legitimate is the 2” grout repair. We did not crack the tiles, and we did not scratch his plumbing fixture(it was covered in paper and we worked nowhere near it). From the beginning we told Mr Day and Mr Corlett that we have not refused to correct anything and that we would gladly perform any punch list items after we were paid our progress payment. Now after several months what I said from the beginning is that Mr Day will not pay us, and now looks like he is getting his way thanks to AZROC. Mr. Corlett sent over the compliance inspection date and I immediately let Mr Corlett know that we would be out of town during that scheduled time. Have not heard back from Mr Corlett, no email asking if we want to reschedule, nothing. I don’t think I need to say it but this email is intended for you and AZROC, not the property owner Mr. Day, please do not share this with him. Thanks for reading this letter, given my experience so far with AZROC I don’t have high expectations. And please feel free to let me know if I am being unreasonable or if I do not understand the laws correctly. We are here to be good contractors in Arizona and all we want is a minimal amount of fairness and respect. Don’t think that is a lot to ask for.

Respectfully,

Nick Beno Benos Flooring REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christopher Day, Case No. 2024-03002 COMPLAINANT, v. Dolores Mary Beno CITATION DBA: Beno's Flooring Services License No. ROC 331472,

RESPONDENT.

The Registrar issues this Citation to Dolores Mary Beno DBA: Beno's Flooring Services

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

29, 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 March 12, 2024, Christopher Day (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a

reasonable period of time after receiving a written directive from the Registrar.

The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-03002. 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.

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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 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 June 29, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after

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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 receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 14, 2024. By: /s/ Shaquira Adebule of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 14, 2024 to: Respondent Certified Mail No: [number redacted] Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131 Copy mailed by USPS First Class mail this same date to:

Respondent Dolores Mary Beno DBA: Beno's Flooring Services 8450 Farm Road Suite 5 Las Vegas, NV 89131 Complainant Christopher Day 55 Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403 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. 2024-03002

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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)

Christopher Donald Day Mailing Address (Enter jobsite in Contract/Project section) City State Zip

Lake Havasu Ave S ste F 337 Lake Havasu City Arizona 86403 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)

Dolores Mary Beno ROC 228602 Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Nick Contract/Project Information Contract Date Contract Amount Amount Paid

July 11, 2023 $15,000.00 $7,400.00 Date Work Started Date Work Stopped Date Work Was Completed

October 18, 2023 January 8, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1055 Pauite Place Lake Havasu City AZ 86406 Name of Construction Site Owner Construction Site Name (if applicable)

Christopher D Day Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by 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 Both This project was Residential This project involved Remodel

A building permit was obtained by Property Owner 911701 Lake Havasu City 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)

Grout in corners of the show is separating in multiple locations;Tile in the shower niche is bowed;Floor tile in shower in installed upside down;Schluter Jolly not cut at proper angles so there are gaps at every corner Allegations Listed on Complaint:

Grout in corners of the show is separating in multiple locations

Tile in the shower niche is bowed

Floor tile in shower in installed upside down

Schluter Jolly not cut at proper angles so there are gaps at every corner

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

Christopher Donald Day \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Property Owner: Christopher Day Lake Havasu Ave S Suite F #337 Lake Havasu City, AZ 86403