2024A-03190-CHC-ROC Notice of Hearing & Packet MAILED

2024A-03190-CHC-ROC · Registrar of Contractors · 2024-08-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Paul C Gamache , Case No. 2024-03190

COMPLAINANT, Docket No. 2024A-03190-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Fripps and Associates Inc. License No. ROC 327913,

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

HEARING INFORMATION The hearing is set for:

October 1, 2024 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on July 24, 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)

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) Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

Complainant(s) Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

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. 2024-03190 /

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

6/12/24, 7:44 AM State of Arizona Mail - FW: George Ripps 6/3/1943

Clifford Corlett <[email redacted]>

FW: George Ripps 6/3/1943 message

Paul Gamache <[email redacted]> Wed, May 15, 2024 at 9:57 PM To: Clifford Corlett <[email redacted]>

Hello Sir,

I just got back home from Phoenix and found your card in the front door. I sent the below email last week so I’m not sure what happened but I apologize. Its my fault for not following up with a phone call to ensure you didn’t make the wasted trip.

Paul

Sent from Mail for Windows

From: Paul Gamache <[email redacted]> Sent: Friday, May 10, 2024 12:31:26 AM To: Clifford Corlett <[email redacted]> Subject: RE: George Ripps 6/3/1943

Hello Investigator Corlett,

Once again Mr. Ripps has shown some motivation after stalling and evasive tactics since 5/20/23. Its abundantly evident he does not want you to come out here, which he has verbally expressed to me numerous times. He has been building a house right next door to me for the last two months and based on what he has told me he has current licensing issues with your agency which I suspect is why he is worried about your presence here.

Aside from that the garage doors have been ordered and paid for in full, they should arrive on the 15th per the garage door company. The window manufacturer seems to be warrantying the defective windows however we have no projected installation or delivery date. Today a flooring contractor did show up, inspected the numerous defects, and advise me directly he will be ordering more flooring to resolve the flooring issue.

Provided this meets with your approval, may I please have one more extension for the inspection. I would expect 6 weeks to be a reasonably sufficient time period to have everything finished. Should everything be accomplished prior to the 6 weeks I will contact you immediately .

Thank you

Paul

Sent from Mail for Windows

From: Clifford Corlett <[email redacted]> Sent: Tuesday, May 7, 2024 1:23:25 PM To: Paul Gamache <[email redacted]> https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/3 6/12/24, 7:44 AM State of Arizona Mail - FW: George Ripps 6/3/1943 Cc: Natalie Ripps <[email redacted]> Subject: Re: George Ripps 6/3/1943

Thank you for the response. We will leave the scheduled appointment for May 15th at this time. Please let me know if we should make any changes after this Thursday. Thanks again.

cc; Fripps & Associates

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, May 7, 2024 at 1:18 PM Paul Gamache <[email redacted]> wrote: Hello sir, In a nut shell I have been dealing with Mr Ripps for 3 years. His integrity is very challenged to say the least. After moving into the house, which he claimed was finished, I found many many missing , incomplete and poor quality items. I have been attempting to resolve these over the last year without wasting your bureaus time so I appreciate your patience in this matter . After your email today I received a text from Mr. Ripps claiming he would have a flooring person named Nathan at my home on this Thursday to deal with the flooring issue . Nathan will be the 5th flooring person to look at the floors . The last person was here in January , none have ever returned. I will know more Thursday at 1000 but I would like to keep the appointment on the 15th until I see what happens then.

Thank you Paul

Sent from my iPhone

On May 7, 2024, at 10:12, Clifford Corlett <[email redacted]> wrote:

Hello mr. Gamache, I received the attached email from George Ripps cancer treatment center, advising he has an appointment the same time as the rescheduled ROC inspection 5-15-24. I just wanted to check with you as Mr. Ripps also left me a voicemail that he didn't think an inspection would be necessary. Again, I just wanted to check with you, if things have been or are progressing then I do not have any objection to rescheduling. If things are not progressing then I'd just as soon have the 5/15/24 meeting as scheduled with or without Mr. Ripps. Please let me know your choice as soon as possible. I also left you a voicemail. cc: Fripps & Associates Inc.

Cliff Corlett- Investigator # 167 Mohave & La Paz Counties

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/3 6/12/24, 7:44 AM State of Arizona Mail - FW: George Ripps 6/3/1943

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.

---------- Forwarded message --------- From: Anjolina Frye <[email redacted]> Date: Mon, May 6, 2024 at 12:32 PM Subject: George Ripps 6/3/1943 To: [email redacted] <[email redacted]>

Anjolina Frye Receptionist

Skin And Cancer Institute Dermatology & Skin Cancer of Kingman 3939 N. Stockton Hill Rd. Suite A Kingman, AZ 86409 Office: +1 (928) 662-9302 Facsimile: +1 (209) 297-2715 [email redacted] www.SkinAndCancerInstitute.com

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This email may contain material that is confidential, privileged and/or protected work product for the sole use of the intended recipient addressee(s). If you are not the intended recipient, you are strictly prohibited from using it for any purpose--please immediately contact the sender and delete all copies.

https://mail.google.com/mail/u/0/?ik=488712f564&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/3 ROC-1

ROC-2

ROC-3

Blue tape on following photos indicates dings, scratches and gaps at joints. Respondent is aware and has been replacing flooring. Respondent was notified of issues at move-in. ROC-4

ROC-5 ROC-6

Gap

ROC7-

Gap ROC-8

Gap at door frame

ROC-9 ROC-10

Gap at door frame

ROC-11

Gap at door frame ROC-12

ROC-13 ROC-14

Gap at door frame

ROC-15 ROC-16

Gap

ROC-17

Gap at door frame ROC-18

ROC-19

Hammer marks ROC-20

Gap at door frame

ROC-21

Gap at door frame ROC-22

ROC-23 ROC-24

ROC-25 ROC-26

Gap at door frame

ROC-27 ROC-28

Chipped corner

ROC-29

Gap at door frame Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

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: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 May 3, 2024

Respondent: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-03190

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 16, 2024 at 10:30AM has been rescheduled for: Wednesday, May 15, 2024 at 12:15 PM.

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 C010 12/23 Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 Respondent: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C005 04/21 April 13, 2024

Respondent: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, AZ 86401

Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

Re: Complaint No. 2024-03190

To all parties.

The Complainant, Paul Gamache has requested a postponement of the ROC onsite inspection currently set for April 16, 2024 at 10:30AM.

Mr. Gamache’s requested is granted and the current scheduled inspection meeting is canceled. It will be rescheduled in approximately 4 weeks unless the work is completed and the Complainant informs the ROC to close the case.

If you have any questions or comments, please feel free to 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 C005 04/21 Jobsite Inspection Notes

Case No.: 2024-03190 Investigator: Cliff Corlett Inspection Date: Thursday, July 18, 2024 Inspection Time: 12:00 PM

Jobsite Address: 3377 Gold Canyon Court Kingman, AZ. 86401

Complainant: Paul C Gamache Respondent: Fripps and Not Present: Associates Inc Not Present: X Respondent stated he had medical appointment.

Jobsite General Notes: Respondent’s license is REVOKED since 02-21-2024. Since the license is REVOKED the Registrar cannot direct the Respondent to perform any corrective work. The case is being forwarded to the ROC legal department for review and Citation. ======================================================

Complaint Item: 1 - Improperly installed wood flooring, numerous defects. Investigator’s Observation: Numerous dings, dents, chips, scratches, gaps between planks and gaps in planking at door frames. Complainant states that Respondent was aware of these defects from move-in date. Respondent has been supplying new flooring materials and labor to replace damaged flooring. It is unclear if floor installer is a licensed contractor. Respondent’s license is REVOKED since 02-21-2024. Since the license is REVOKED the Registrar cannot direct the Respondent to perform any corrective work. The case is being forwarded to the ROC legal department for review and Citation.

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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 2 - Defective windows installed. Investigator’s Observation: Corrected prior to onsite inspection. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 3 - Damaged and defective sliding glass door. Investigator’s Observation: Corrected prior to onsite inspection. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 4 - Builder installed incorrect garage doors. Investigator’s Observation: Corrected prior to onsite inspection. NO CONTRACTOR ACTION REQUIRED. Governing Rule: Not Applicable

Complaint Item: 5 - Investigator’s Observation: Builder has been advised of issues numerous times in writing and over the phone. Builder has seen issues, has brought workers on several occasions who inspect defects and never return to address. ROC: This is a statement. Complaint allegations are stated in #'s 1, 2, 3 & 4. Governing Rule: Not Applicable

Complaint Item: 6 - Investigator’s Observation: Builder installed incorrect garage doors and was advised on the day of installation they were incorrect. ROC: This is a statement. Complaint allegations are stated in #'s 1, 2, 3 & 4. Governing Rule: Not Applicable

Complaint Item: 7 - Investigator’s Observation: Builder has been slow with entire job, 800+days past contracted due date. Builder made a few other repairs but abandoned any efforts for over 6 weeks. A formal demand letter was served on builder on 01/25/24 with 30 days to address outstanding issues. In 44 days builder simply poured rock in front yard, finishing on 03/09/24. The remaining items above are still unfinished. Builder was given full access to the home yet appears either unwilling or unable to finish job. ROC: This is a statement. Complaint allegations are stated in #'s 1, 2, 3 & 4. Governing Rule: Not Applicable

Complaint Item: 8 - Investigator’s Observation: Contacts with builder were retained in the manner in which they were conducted, text message saved phone calls audio recorded. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

ROC: This is a statement. Complaint allegations are stated in #'s 1, 2, 3 & 4. Governing Rule: Not Applicable

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 C011 12/23

Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

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: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

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 5, 2024

Respondent: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

Re: Complaint No. 2024-03190

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for Tuesday, April 16, 2024 at 10:30 AM.  The Complainant is required to be present.  The Respondent’s attendance is requested and encouraged.  The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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 33-4739 [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 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 Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 July 11, 2024

Respondent: Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

Complainant: Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-03190

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 15, 2024 has been rescheduled for Thursday, July 18, 2024 at 12:00 PM.

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,

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 C010 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Paul C. Gamache, Case No. 2024-03190 COMPLAINANT, v. Fripps and Associates Inc., CITATION License No. ROC 327913, RESPONDENT.

The Registrar issues this Citation to Fripps and Associates Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 8, 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 15, 2024, Paul C. Gamache (“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 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. 2024-03190. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 8, 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

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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 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 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

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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 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 July 24, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 24, 2024 to: Respondent Certified Mail No: [number redacted] Fripps and Associates Inc. 3287 Gold Canyon Ct. Kingman, GA 86401 Copy mailed by USPS First Class mail this same date to:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Respondent Fripps and Associates Inc. 3287 Gold Canyon Ct. Kingman, GA 86401

Complainant Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

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. 2024-03190 /

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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 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 Received by Investigations 03/15/2024 2024-03190 8/7/24, 8:05 AM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2024-03190.

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2024-03190. message

Natalie Ripps <[email redacted]> Tue, Aug 6, 2024 at 2:20 PM To: [email redacted]

Good Afternoon, We are responding to the Citation and Complaint #2024-03190. Per the complaint Line items: 1.) Deny this claim 2.) Fixed by the manufacturer as it was a manufacturer defect. 3.) Fixed by the manufacturer as it was a manufacturer defect. 4.) Deny this claim. The correct garage doors were installed. 6,7,8.9.) Deny all these claims. 10,11,12,13.) Deny all these claims. 14.) Deny this claim 16,17.) These items are not a workmanship issue.

We are requesting an informal settlement conference prior to the administrative hearing if needed. Can you please confirm that this was received on time and properly?

Thank you,

George Ripps Fripps Homes O: 928-362-8655 | E: [email redacted] https://www.frippshomes.com/

https://mail.google.com/mail/b/AEoRXRRL5oj3n_7Ay-dlDMfO0eZC6RBpmHxCNvBFEd6IEJqE2kNo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Paul C Gamache , Case No. 2024-03190

COMPLAINANT, v. Fripps and Associates Inc., NOTICE OF INFORMAL License No. ROC 327913, SETTLEMENT CONFERENCE

RESPONDENT.

On August 6, 2024 Fripps and Associates Inc. requested an informal settlement

conference with the Registrar. Pursuant to A.R.S. § 41-1092.06, the Registrar scheduled that

conference for:

DATE & TIME: August 20, 2024 at 1:00 PM TELECONFERENCE Meeting ID INFORMATION: meet.google.com/npj-jsyb-xec Phone Numbers +1 978-592-0513 PIN: 781 471 310# 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 August 7, 2024.

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

COPY mailed via USPS First Class mail August 7, 2024 to:

Respondent Fripps and Associates Inc. 3287 Gold Canyon Ct Kingman, GA 86401

Complainant Paul C Gamache 3377 Gold Canyon Court Kingman, AZ 86401

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 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. 2024-03190 /

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

Paul C Gamache , Case No. 2024-03190 COMPLAINANT,

v. WAIVER Fripps and Associates Inc. License No. ROC 327913,

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 7/23/24, 4:04 PM Contractor Search

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DISCLAIMER The data supplied below is based on your specific request(s) and is correct to the best of our knowledge as of the date and time it was extracted from our data files. The information is provided without personal research or analysis. The data is subject to change on a daily basis. You may obtain additional public records related to any licensee, including dismissed complaints and nondisciplinary actions and orders, by contacting the ROC directly. If this information is required for legal purposes, you may request an affidavit or certified copies for a fee as specified in A.R.S. 32-1104A3 (https://www.azleg.gov/viewdocument/? docName=http://www.azleg.gov/ars/32/01104.htm). Please read our Standard Terms of Use at roc.az.gov/terms (https://roc.az.gov/terms)

Please note: The company or individuals listed on this license may hold other Arizona contracting licenses. To view information, status and complaint history for the past two years on other licenses held, go to the License Inquiry page and do a "Company Name and Personnel" search by entering the name of the company or individuals listed on the license.

DETAILS FOR

Fripps and Associates Inc LICENSE NUMBER ROC 327913 This information is current as of 2024-07-23 16:02:52

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THIS CONTRACTOR IS NOT ABLE TO CONTRACT WITH THIS LICENSE AT THIS TIME. THIS CONTRACTOR MAY BE OPERATING WITH OTHER CURRENT LICENSES.

If you are the contractor listed, feel free to contact our Licensing Department at (602) 542-1525 for more information.

CONTRACTOR LICENSE

Business Entity Class & Description Fripps and Associates Inc Name General Dual KB-2 Dual Residential and Small Commercial

City and State Kingman, GA, 86401 Entity Type Corporation Phone [number redacted]

Issued / Renewal Status / Action Revoked

First Issued Status Last Changed 2024-02-21 2020-02-28 On:

Renewed Through 2024-02-29

QUALIFYING PARTY & PERSONNEL The Qualifying Party listed below is associated with this license. All other persons named, if any, are associated with the company. They are not all necessarily associated with this license.

Name : George Ripps Name : George Ripps Position : Qualifying Party Position : President

COMPLAINT INFORMATION

https://azroc.my.site.com/AZRoc/s/contractor-search?licenseId=a0ot0000001EQhVAAW 1/3 7/23/24, 4:04 PM Contractor Search Complaints against this contractor are listed below. Complaints that were cancelled, resolved or settled without a corrective work order or dismissed are not included. Contact the Registrar of Contractors at 602-542-1525 or toll-free statewide at 1-877-My AZROC (1-877-692-9762) to identify the ROC office location you need to visit to view complete complaint documentation. This website does not display all public sanctions or public information concerning a license's disciplinary history. Obtain any additional public information by using the Public Records Request form to confirm the license's entire history.

CLOSED CASES

1 1 Open Cases Disciplined Cases Resolved / Settled Cases

For more information on these complaints, please click here.

BOND INFORMATION How to collect from a license bond (https://roc.az.gov/recovery-fund?targetclass=answer-question-collect#question-collect)

Bond Type : Surety

Bond Number : LSM1314317

Effective Date : 2020-01-01

Bond Company : RLI Insurance Company

Amount : $ 14000

Paid : $0

Available : $ 14000

Status : Active

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While the Registrar of Contractors strives to make the information on this website as timely and accurate as possible, the Agency makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in its contents. Please contact the Registrar at 877-692-9762 if you'd like to verify any of the information, or to report a discrepancy.

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https://azroc.my.site.com/AZRoc/s/contractor-search?licenseId=a0ot0000001EQhVAAW 2/3 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