2024A-03029-CHC-ROC Notice of Hearing & Packet MAILED 2024-03029.pdf

2024A-03029-CHC-ROC · Registrar of Contractors · 2024-07-19

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Short , Case No. 2024-03029

COMPLAINANT, Docket No. 2024A-03029-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Thomas Daniel Parks DBA: TDP CONTRACTING License No. ROC 341177,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 27, 2024 1:00 PM Samuel Fox 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 12, 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 July 19, 2024.

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

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

Respondent(s) Thomas Daniel Parks 1909 E Ray Rd #9-324 Chandler, AZ 85225

Respondent's Attorney Mark G. Saric, Esq. 3101 N Central Ave Ste. 850 Phoenix, AZ 85012 Complainant(s) Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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 Complainant’s Attorney at email address of record with Registrar

Case No. 2024-03029 /

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: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 e ray rd 9-324 chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 18, 2024

Re: Complaint No. 2024-03029

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, April 12, 2024 at 10:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File

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

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

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

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

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

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

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

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 Complaint #2024-03029 P 1 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 2 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 3 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 4 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 5 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 6 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 7 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 8 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 9 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 10 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 11 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 12 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 13 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 14 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 15 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 16 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 17 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 18 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 19 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 20 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 21 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 22 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 23 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 24 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 25 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 26 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 27 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 28 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 29 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 30 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 31 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 32 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 33 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 34 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 35 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 36 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 E Ray Rd 9-324 Chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 19, 2024

License No. ROC 341177

Re:Complaint No. 2024-03029

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 05/10/2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Compliance Item: 1- Roof leak not fixed after three different attempts Investigator’s Observation: Verified. The complainant performed a water test and water was observed leaking down into the carport area. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. Compliance Item: 2- Install of metal valley in roof poorly done. Investigator’s Observation: Verified. I observed improperly installed dormer sidewall flashing at the east and west dormer walls. The Respondent shall correct by the appropriate means.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. Compliance Item: 5- Paint job performed by incompetent persons, thus terrible painting results Investigator’s Observation: Verified. I observed several areas where paint was peeling at the entry step handrail and balusters. There are areas where paint does not completely cover and white base is visible at the fascia. Preparation is poorly performed prior to painting and debris can be seen in the paint. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards. Compliance Item: 7- Paint project was not prepared properly. Promised pressure wash and priming not performed Investigator’s Observation: Verified. The Complainant stated that the Respondent never performed power washing prior to painting. The Respondent verified that due to a communication error, power washing was not performed. Respondent shall complete project per original contract agreement. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Compliance Item: 3- Contractor installed valley and shingles in two locations, one of which was not authorized by me. Investigator’s Observation: Unverified. The complaint item does not allege a workmanship issue. No further action required by the Respondent. Governing Rule: N/A

Compliance Item: 4- Supposed roof leak around a vent was filled with unknown substance using 26 units (of unknown substance) at $200/unit Investigator’s Observation: Unverified. I was not able to observe or identify the complaint item. The Respondent stated that they are not aware of what the Complainant is referring to. When the parties’ statements conflict with one another, the Registrar cannot choose to consider one over the other and therefore, cannot make a determination on the complaint item without additional demonstrable evidence. No further action required by the Respondent. Governing Rule: N/A

Compliance Item: 6- Paint was applied to areas not agreed to Investigator’s Observation: Unverified. I was not able to identify areas that were not agreed to be painted. I only observed areas in the description of work performed and it only described as prime and paint as talked. No further action required by the

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. Governing Rule: N/A

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

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Case No.: 2024-03029 Investigator: Robert Di Alto Inspection Date: Friday, April 12, 2024 Inspection Time: 10:30 AM

Complainant: Linda Short Respondent: Thomas Daniel Parks Not Present: Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Compliance Item: 2- Install of metal valley in roof poorly done. Investigator’s Observation: Verified. I observed improperly installed dormer sidewall flashing at the east and west dormer walls. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: 4- Supposed roof leak around a vent was filled with unknown substance using 26 units (of unknown substance) at $200/unit Investigator’s Observation: Unverified. I was not able to observe or identify the 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. The Respondent stated that they are not aware of what the Complainant is referring to. When the parties’ statements conflict with one another, the Registrar cannot choose to consider one over the other and therefore, cannot make a determination on the complaint item without additional demonstrable evidence. No further action required by the Respondent. Governing Rule: N/A

Compliance Item: 5- Paint job performed by incompetent persons, thus terrible painting results Investigator’s Observation: Verified. I observed several areas where paint was peeling at the entry step handrail and balusters. There are areas where paint does not completely cover and white base is visible at the fascia. Preparation is poorly performed prior to painting and debris can be seen in the paint. The Respondent shall correct by the appropriate means. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliance Item: 7- Paint project was not prepared properly. Promised pressure wash and priming not performed Investigator’s Observation: Verified. The Complainant stated that the Respondent never performed power washing prior to painting. The Respondent verified that due to a communication error, power washing was not performed. Respondent shall complete project per original contract agreement. Governing Rule: Workmanship Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not 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

5/10/24, 3:34 PM State of Arizona Mail - TDP resolution scheduling #2024-03029

Robert Di Alto <[email redacted]>

TDP resolution scheduling #2024-03029 messages

Linda Short <[email redacted]> Mon, May 6, 2024 at 9:36 AM To: Robert Di Alto <[email redacted]>

Robert,

TDP Contracting is scheduled to do the required compliance repairs on Tuesday 5/7/2024 and 5/8/2024.

Will you be doing a follow-up/compliance inspection after TDP Contracting has finished the repairs? Thomas of TDP Contracting last sentence leaves me wondering if there is a follow-up by you.

Please note the following reply from 5/5/2024 at 12:47p

Each day we’ll be correcting items listed in the directive. Will also need access to the area of leak to perform a water test to make sure everything‘s correct and our days will not pass 4 p.m. then when everything is finished, we will perform a final walk-through to make sure you’re satisfied with all the corrections.

Thanks, I look forward to your reply.

Linda Short 480-231-1776

Robert Di Alto <[email redacted]> Mon, May 6, 2024 at 1:38 PM To: Linda Short <[email redacted]>

We do perform a compliance inspection when the Respondent does not complete the work in the written directive, or if you believe the work performed does not meet professional industry standards.

Thank you, Robert Di Alto Robert Di Alto Investigator #228 Arizona Registrar of Contractors 1700 West Washington St., Suite 105 Phoenix, AZ 85007 602.771.6758 [email redacted] Hours: Mon.- Fri. 8:00 AM - 5:00 PM

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.

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 5/10/24, 3:34 PM State of Arizona Mail - TDP resolution scheduling #2024-03029

Linda Short <[email redacted]> Tue, May 7, 2024 at 10:51 AM To: Robert Di Alto <[email redacted]>

Good morning, Robert,

I’m sure you noticed that I left you a VM earlier regarding “professional industry standards.” They stated there are no standards for repair jobs.

Please note: Additional, unknown to me, people have shown up to repair the roof. Alex of TDP Contracting tells me they are employees. I asked for the license number. Alex stated they were licensed under TDP Contracting.

I will have photos taken once the job is done. I am not comfortable about anything going on here today, including being rude towards me.

I would like to schedule a follow-up inspection.

Thank you,

Linda Short [Quoted text hidden]

Robert Di Alto <[email redacted]> Tue, May 7, 2024 at 3:00 PM To: Linda Short <[email redacted]>

I am not in the office so I haven't listened to voicemails yet. I will follow up with you about your complaint on Friday morning. [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 5/13/24, 10:06 AM State of Arizona Mail - TDP/Linda short #2024-03029

Robert Di Alto <[email redacted]>

TDP/Linda short #2024-03029 message

Thomas Parks <[email redacted]> Sat, May 11, 2024 at 2:55 PM To: Robert Di Alto <[email redacted]>

Hello Robert just letting you know we completed everything that was listed and more within the written directive before the deadline I also preformed a water test and walk through with Linda short and she said everything looked good not sure what she will tell you but we are certain that we have took care of these item's if there anything else you need from me please let me know thank you

-Thomas

TDPcontracting

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/1 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

Robert Di Alto <[email redacted]>

Fwd: TDP resolution scheduling #2024-03029 message

Linda Short <[email redacted]> Mon, May 13, 2024 at 7:53 AM To: Robert Di Alto <[email redacted]>

I was told that their water test proved the leak was corrected. However, from my vantage point, I didn’t see much water come off of the roof, i.e. low pressure.

The following photos were taken on Sunday, May 12 giving a closer and more complete view of the roof work under performed.

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

This is the side of the dormer that was NOT authorized in the first place as there was not a leak here.

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 4/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 5/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 6/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 7/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

If you have any questions, please feel free to call me.

Linda Short 480-231-1776

Begin forwarded message:

From: Linda Short <[email redacted]> Subject: Re: TDP resolution scheduling #2024-03029 Date: May 10, 2024 at 4:02:20 PM MST To: Robert Di Alto <[email redacted]>

Here are the photos you requested of the finished roof and paint jobs. Only one side of the dormer was taken because the other side was the same.

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 8/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029

On May 7, 2024, at 3:00 PM, Robert Di Alto <[email redacted]> wrote:

I am not in the office so I haven't listened to voicemails yet. I will follow up with you about your complaint on Friday morning.

On Tue, May 7, 2024, 10:51 AM Linda Short <[email redacted]> wrote: Good morning, Robert,

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 9/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029 I’m sure you noticed that I left you a VM earlier regarding “professional industry standards.” They stated there are no standards for repair jobs.

I will have photos taken once the job is done. I am not comfortable about anything going on here today, including being rude towards me.

I would like to schedule a follow-up inspection.

Thank you,

Linda Short

On May 6, 2024, at 1:38 PM, Robert Di Alto <[email redacted]> wrote:

We do perform a compliance inspection when the Respondent does not complete the work in the written directive, or if you believe the work performed does not meet professional industry standards.

Thank you,

Robert Di Alto Robert Di Alto Investigator #228 Arizona Registrar of Contractors 1700 West Washington St., Suite 105 Phoenix, AZ 85007 602.771.6758 [email redacted] Hours: Mon.- Fri. 8:00 AM - 5:00 PM

On Mon, May 6, 2024 at 9:36 AM Linda Short <[email redacted]> wrote: Robert,

TDP Contracting is scheduled to do the required compliance repairs on Tuesday 5/7/2024 and 5/8/2024.

Will you be doing a follow-up/compliance inspection after TDP Contracting has finished the repairs? Thomas of TDP

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 10/11 5/13/24, 10:13 AM State of Arizona Mail - Fwd: TDP resolution scheduling #2024-03029 Contracting last sentence leaves me wondering if there is a follow-up by you.

Please note the following reply from 5/5/2024 at 12:47p

Thanks, I look forward to your reply.

Linda Short 480-231-1776

https://mail.google.com/mail/u/0/?ik=129aee39bd&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 11/11 Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 e ray rd 9-324 chandler, AZ 85225

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

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-03029

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Thursday, May 30th, 2024 at 10:30 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,

Robert Di Alto, Investigator #228 (602) 771-6758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

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

C012 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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 28, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-03029

Dear Complainant and Respondent:

A Compliance Inspection has been UHscheduled for 7KXUVGD\, June th, 2024 at :30 $M 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,

Robert Di Alto, Investigator #228 (602) 771-6758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 12/23 Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 e ray rd 9-324 chandler, AZ 85225

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.: 2024-03029 Investigator: Robert Di Alto Inspection Date: Thursday, June 6th, 2024 Inspection Time: 9:30 AM

Compliance Jobsite General Notes:

CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Item: 2- Install of metal valley in roof poorly done. Investigator’s Observation: Verified. I observed improperly installed dormer sidewall flashing at the east and west dormer walls. The Respondent shall correct by the appropriate means. Compliance Findings: The side wall flashings are not properly installed properly and does not meet professional industry standards or IRC code Chapter 9 Flashings NOT CORRECTED

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,

Robert Di Alto, Investigator #228 (602) 771-6758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complaint #2024-03029 P 1 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 2 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 3 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 4 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 5 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 6 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 7 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS Complaint #2024-03029 P 8 CJSI date 06/06/2024 at 9:30 AM CJSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Short, Case No. 2024-03029 COMPLAINANT, v. Thomas Daniel Parks CITATION DBA: TDP CONTRACTING License No. ROC 341177,

RESPONDENT.

The Registrar issues this Citation to Thomas Daniel Parks DBA: TDP CONTRACTING (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 27, 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 13, 2024, Linda Short (“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. 2024-03029. 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 27, 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 12, 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 12, 2024 to: Respondent Certified Mail No: [number redacted] Thomas Daniel Parks DBA: TDP CONTRACTING 1909 E Ray Rd 9-324 Chandler, AZ 85225 Copy mailed by USPS First Class mail this same date to:

Respondent Thomas Daniel Parks DBA: TDP CONTRACTING 1909 E Ray Rd 9-324 Chandler, AZ 85225 Complainant Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050 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. 2024-03029

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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 I don’t have a copy of a contract from the contractor Complaint #2024-03029 P 1 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 2 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 3 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 4 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 5 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 6 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 7 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 8 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 9 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 10 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 11 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 12 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 13 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 14 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 15 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 16 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 17 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 18 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 19 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 20 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 21 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 22 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 23 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 24 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 25 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 26 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 27 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 28 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 29 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 30 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 31 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 32 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 33 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 34 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 35 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Complaint #2024-03029 P 36 JSI date 04/12/2024 at 10:30 AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-03029 Investigator: Robert Di Alto Inspection Date: Friday, April 12, 2024 Inspection Time: 10:30 AM

Complainant: Linda Short Respondent: Thomas Daniel Parks Not Present: Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Compliance Item: 4- Supposed roof leak around a vent was filled with unknown substance using 26 units (of unknown substance) at $200/unit Investigator’s Observation: Unverified. I was not able to observe or identify the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

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

Respondent: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 e ray rd 9-324 chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 April 19, 2024

WARNING LETTER

Re: Complaint No. 2024-03029; License No. ROC 341177

Dear Respondent:

It appears that you may have violated A.R.S. § 32-1158(A). Under that statute, any contract for more than $1,000.00 between a contractor and a property owner must contain nine specific elements. Your contract is missing at least one of the required elements. For your reference, a copy of A.R.S. § 32-1158(A) is included here:

A.R.S. § 32-1158. Minimum elements of a contract A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information. 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A.

The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 The information in this paragraph must be prominently displayed in the contract in ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative.

This paragraph does not apply to a person who is subject to and complies with section 12-1365.

A failure to comply with A.R.S. § 32-1158(A) violates § 32-1154(A)(12), and that violation can constitute grounds to suspend or revoke your license. You need to review A.R.S. § 32- 1158(A) and make sure you are complying with its requirements.

The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 Respondent: Thomas Daniel Parks DBA: TDP CONTRACTING 1909 e ray rd 9-324 chandler, AZ 85225

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 April 19, 2024

WARNING LETTER

Re: Complaint No. 2024-03029; License No. ROC 341177

Dear Respondent:

The Registrar received information indicating that you may be contracting with an unlicensed person/s. Contracting with an unlicensed person is a violation of A.R.S. §§ 32-1154(A)(9) and (13)

A.R.S. § 32-1154(A)(9) states:

Attempting to evade this chapter by:

(a) Aiding or abetting a licensed or unlicensed person.

(b) Acting or conspiring with a licensed or unlicensed person.

(d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person with intent to evade this chapter.

Moreover, under A.R.S. § 32-1154(A)(13) a licensed contractor may not “[k]knowingly enter[] into a contract with a contractor for work to be performed for which a license is required with a person not duly licensed in the required classification.”

Violations of either A.R.S. § 32-1154(A)(9) or (13), if proved, would constitute grounds to suspend or revoke your license. Additionally, aiding and abetting an unlicensed person is a class 1 misdemeanor. A.R.S. § 32-1164(A)(1).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.

If you have any questions, feel free to contact me.

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 19, 2024

License No. ROC 341177

Re:Complaint No. 2024-03029

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

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. Governing Rule: N/A

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

Sincerely, Robert Di Alto Robert Di Alto Investigator 602 7716758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

Compliance Jobsite General Notes:

CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Olympus Digital Voice Recorder model DM-720. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Item: 2- Install of metal valley in roof poorly done. Investigator’s Observation: Verified. I observed improperly installed dormer sidewall flashing at the east and west dormer walls. The Respondent shall correct by the appropriate means. Compliance Findings: The side wall flashings are not properly installed properly and does not meet professional industry standards or IRC code Chapter 9 Flashings NOT CORRECTED

Note:

Robert Di Alto, Investigator #228 (602) 771-6758 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Mark G. Saric, Esq. # 035939 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Telephone: 480-702-2272 E-mail: [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA LINDA SHORT, ) Case No. 2024-03029 ) COMPLAINANT, ) WRITTEN ANSWER TO CITATION ) AND COMPLAINT v. ) ) THOMAS DANIEL PARKS ) DBA: TDP CONTRACTING ) LICENSE NO. ROC 341177 ) ) RESPONDENT. ) Respondent Thomas Daniel Parks, (“Respondent”), responds and contests the formal

statement of charges in the Arizona Registrar of Contractors’, (“ROC”), Citation in the instant matter, by showing good cause why their license should not be suspended or revoked under A.R.S. §§ 32-1155(A). Respondent has been willing and remains able to complete any necessary repairs. In this case, the ROC investigator did not cite an applicable standard or perform a proper inspection. Claims that Respondent’s work was below a workmanship standard and that roof flashing is required is a non-sequitur, as Respondent advised the investigator that said flashing was installed and hidden by a wall, which was not investigated. Other items were fixed. Respondent has also cancelled payment of monies owed to Respondent, where it is not clear what purpose Complainant is pursuing if she has not paid for the work performed. Received 6/26/2024 ROC Legal

Notwithstanding the foregoing, pursuant to A.R.S. § 41-1092.06, undersigned counsel at Respondent’s request will pursue the option of an informal settlement conference in advance of any hearing date set by the ROC. CONCLUSION Respondent having timely filed an answer to the ROC’s Citation requests that the undersigned be notified at least 30 days before a date is set with the Office of Administrative Hearings for an administrative hearing. Respondent further requests a settlement conference and that undersigned counsel be notified of said conference date. DATED: June 26, 2024 RESOLVERE LAW PLLC _ /s/ Mark G. Saric___________ Mark G. Saric, Esq. #035939 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Attorney for Respondent

ORIGINAL of the foregoing submitted via email this 26th day of June, 2024, to: [email redacted] [email redacted] Arizona Registrar of Contractors COPY of the foregoing emailed th and mailed this 26 day of June 2024, to: [email redacted] Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050 By: /s/ Mark G. Saric Received 6/27/24, 8:03 AM State of Arizona Mail - Answer, re Parks adv Short, Case No 2024-03029 6/26/2024 ROC Legal

Answers - AZROC <[email redacted]>

Answer, re Parks adv Short, Case No 2024-03029 message

Mark G. Saric <[email redacted]> Wed, Jun 26, 2024 at 1:29 PM To: "[email redacted]" <[email redacted]>, "Kyle Nelson (Work)" <[email redacted]>, Isaac Martinez <[email redacted]>, Victoria <[email redacted]> Cc: "[email redacted]" <[email redacted]>

ROC - please find, attached, an Answer to the Citation, and our notice of appearance in the above matter.

Issac - please prepare mailed copies for the Complainant, Linda Kay Short.

Best, Mark

Warmest Regards,

Mark G. Saric, Esq. Founder

Resolvere Law PLLC Direct Line: (480) 795-7251 Web: www.resolverelaw.com Email: [email redacted] 3101 N. Central Avenue, Suite 850 Phoenix, AZ 85012

PLEASE NOTE: RESOLVERE LAW RECENTLY MOVED. OUR SUITE NUMBER HAS CHANGED TO 850.

ATTORNEY/CLIENT COMMUNICATION

The information transmitted by this e-mail is intended only for the addressee and may contain confidential and/or privileged material. Any interception, review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you received this communication in error, please contact us immediately at (480) 795-7251, and delete the communication from any computer or network system.

attachments 2024-06-26 ANS.pdf 96K 2024-06-26 NOA.pdf 18K

https://mail.google.com/mail/b/AEoRXRQpjgUw4DT4qrK7fZZmcUhn2DFCputS8eM2dK4AUEEiQbqi/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Received 6/26/2024 ROC Legal

Mark G. Saric, Esq. # 035939 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Telephone: 480-702-2272 E-mail: [email redacted] Attorney for Respondent REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA LINDA SHORT, ) Case No.: 2024-03029 ) COMPLAINANT, ) ) NOTICE OF APPEARANCE v. ) ) THOMAS DANIEL PARKS ) DBA: TDP CONTRACTING ) LICENSE NO. ROC 341177, ) ) RESPONDENT. ) NOTICE is hereby given that Mark G. Saric of the law firm Resolvere Law PLLC

appears as counsel on behalf of Respondent Thomas Daniel Parks, DBA: TDP Contracting. It is requested that all notices, pleadings, correspondence, and all matters recorded be served upon the undersigned counsel. DATED: June 26, 2024 RESOLVERE LAW PLLC _ /s/ Mark G. Saric___________ Mark G. Saric, Esq. #035939 Resolvere Law PLLC 3101 N. Central Ave., Suite 850 Phoenix, AZ 85012 Attorney for Respondent Received 6/26/2024 ROC Legal

ORIGINAL of the foregoing emailed this 26th day of June, 2024, to: [email redacted] [email redacted] Arizona Registrar of Contractors COPY of the foregoing emailed and mailed this 26th day of June, 2024, to: [email redacted] Linda Kay Short 3901 E. Pinnacle Peak Road #129 Phoenix, Arizona 85050 Complainant By: /s/ Mark G. Saric REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Short , Case No. 2024-03029

COMPLAINANT, v. Thomas Daniel Parks , NOTICE OF INFORMAL DBA: TDP CONTRACTING SETTLEMENT CONFERENCE License No. ROC 341177, RESPONDENT.

On June 26, 2024 Thomas Daniel Parks DBA: TDP CONTRACTING requested an informal settlement conference with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that conference for:

DATE & TIME: July 11, 2024 at 11:00 AM

TELECONFERENCE Meeting ID INFORMATION: meet.google.com/cpd-ojda-ngy Phone Numbers +1 863-866-7113 PIN: 508 850 385#

While Complainant is not required to attend the Settlement Conference, their participation

is strongly encouraged. The Registrar will not close or settle this Complaint without both parties’ involvement. Statements, either written or oral, made 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).

WAIVER: The parties must waive their right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. A.R.S. of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 § 41-1092.06(B). A waiver is attached; each party should bring a signed copy to the settlement conference. CONDUCTING THE SETTLEMENT CONFERENCE The Registrar's settlement conference representative will not convene a settlement

conference unless all parties are represented by a person who has authority to agree upon terms and conditions of settlement without consultation with persons or entities not present. The Registrar's representative will decide how a session proceeds, when to hold joint meetings (with consent of the participants), and when to meet separately with the parties and their

counsel. The parties attending the settlement conference must be prepared to discuss settlement options. Before the settlement conference, each party should consider under what conditions it would settle. To the extent either party desires a financial settlement, the parties should obtain

estimates or other information to facilitate settlement. The Registrar's representative acts as an impartial and neutral mediator and will not render legal advice to, or represent, any of the parties. The Registrar's representative may, as deemed appropriate, provide evaluative comments regarding issues and merits of this dispute. The

Registrar's representative will encourage disclosure of information between the parties and will

assist the parties in considering the benefits, risks, and alternatives available to them.

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 SETTLEMENT Unless the parties reach a mutual agreement, the settlement conference will conclude without a settlement. Should the parties reach agreement during the settlement conference, the Registrar's representative may offer a summary of the agreement to the parties for their joint

approval, but will not assist the parties in documenting the agreement. After the settlement conference ends, the parties should document their agreement and notify the Registrar. If a Notice of Hearing has been issued, the parties must also notify the assigned Administrative Law Judge at the Office of Administrative Hearings.

Dated June 27, 2024.

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

COPY mailed via USPS First Class mail June 27, 2024 to:

Respondent Thomas Daniel Parks DBA: TDP CONTRACTING 1909 E Ray Rd 9-324 Chandler, AZ 85225 Respondent's Attorney Mark G. Saric, Esq. 3101 N Central Ave Ste 850 Phoenix, AZ 85012

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 Complainant Linda Short 3901 E. Pinnacle Peak Road #129 Phoenix, AZ 85050

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. 2024-03029 /

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Linda Short , Case No. 2024-03029 COMPLAINANT,

v. WAIVER Thomas Daniel Parks DBA: TDP CONTRACTING License No. ROC 341177, RESPONDENT.

Under 41-1092.06(B) I waive my right to object to the participation of the Registrar’s settlement-conference representative in the final administrative decision. Further, I

acknowledge that statements, either written or oral, made at the conference, including a written

document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in any subsequent administrative hearing.

_______________________ ________________________ ___________________ Printed Name Signature Date

On behalf of: Respondent On behalf of: Complainant

of 5 1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg105 5/21 7/10/24, 3:24 PM State of Arizona Mail - Case No. 2024-03029 LEGAL RECEIVED 07/09/2024

Legal New Mail - AZROC <[email redacted]>

Case No. 2024-03029 messages

Linda Short <[email redacted]> Tue, Jul 9, 2024 at 6:47 AM To: AZ ROC Legal <[email redacted]>

REGISTRAR OF CONTRACTORS 1700 W. Washington Street, Ste. 105 Phoenix, Arizona 85007-2812

Re: Case No. 2024-03029 REQUEST FOR CONTINUANCE OF SETTLEMENT CONFERENCE AND REQUEST TO ATTEND IN PERSON

By this letter Complainant requests a continuance of the Settlement Conference currently scheduled for July 11, 2024, at 11:00 a.m. Complainant wants to attend this Settlement Conference but also wishes to have legal counsel present with her. She has been seeking counsel but unable to hire an attorney due to scheduling difficulties and the fact she has been advised many attorneys are out of town due to the annual CLE conference. Per the Notice Of Informal Settlement Conference dated June 27, 2024, Complainant intends to be prepared to discuss settlement options. This is a serious matter to Complainant as she has been financially injured by Respondent's actions. However, she has no legal experience and wishes to have the professional advice of an attorney before and during the Settlement Conference.

In addition, Complainant wishes to attend the Settlement Conference in person so she can better hear and follow the proceedings, which she will find exceedingly difficult to do if required to attend remotely. Making the arrangements to attend remotely will be difficult for Complainant and create a further financial burden on her as she will have to hire someone to help her do that.

Complainant does not make these requests lightly or to create an unnecessary delay. Complainant respectfully requests the Registrar of Contractor's approval of both requests.

Linda Short

Linda Short <[email redacted]> Tue, Jul 9, 2024 at 6:59 AM To: AZ ROC Legal <[email redacted]> Cc: "Mark G. Saric" <[email redacted]>

[Quoted text hidden]

Linda Short <[email redacted]> Tue, Jul 9, 2024 at 8:53 PM To: AZ ROC Legal <[email redacted]> Cc: "Mark G. Saric" <[email redacted]>

This is to confirm that I will be participating in the Settlement Conference on Thursday, July 11 at 11:00am. Please disregard the message below that was sent earlier today.

Linda Short

Begin forwarded message: [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQq1XOtqmZg58Ee5ySGXQ_42mK9O7F7ipe7XTzTIL3wSqpv/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/2 7/10/24, 3:24 PM State of Arizona Mail - Case No. 2024-03029 LEGAL RECEIVED 07/09/2024

Legal New Mail - AZROC <[email redacted]> Wed, Jul 10, 2024 at 3:23 PM To: Linda Short <[email redacted]> Cc: "Mark G. Saric" <[email redacted]>

Thank you for letting us know!

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQq1XOtqmZg58Ee5ySGXQ_42mK9O7F7ipe7XTzTIL3wSqpv/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 2/2 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