2024A-03233-CHC-ROC Notice of Hearing & Packet MAILED 2024-03233.pdf

2024A-03233-CHC-ROC · Registrar of Contractors · 2024-06-14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patrick John Healey , Case No. 2024-03233

COMPLAINANT, Docket No. 2024A-03233-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Arizona Construction & Restoration Corporation DBA: Restoration Corporation, License No’s. ROC 265055, 265054

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 2, 2024 9:00 AM Amy Haley 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 3, 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 June 14, 2024.

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

Copy mailed via USPS First Class mail June 14, 2024 to:

Respondent(s) Arizona Construction & Restoration Corporation DBA: Restoration Corporation 2423 S 17th St Phoenix (Maricopa), AZ 85034

Complainant(s) Patrick John Healey 34225 N Segundo Circle Scottsdale, AZ 85262

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. 2024-03233 /

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: Patrick John Healey 34225 N Segundo Circle Scottsdale, AZ 85262

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: Arizona Construction & Restoration Corporation 2423 S 17th St. Phoenix, AZ 85034

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 21, 2024

Re: Complaint No. 2024-03233

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for April 18, 2024 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

Cc: File Respondent Complainant

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 April 18, 2024 2024-03233 JSI Photos

34225 N Segundo Circle Scottsdale, AZ 85262

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-03233 Investigator: David Fagerburg #210 Inspection Date: April 18, 2024 Inspection Time: 11:30 AM

Complainant: Patrick John Healy, Respondent: Arizona Construction Homeowner & Restoration Corporation, Matt Not Present: Pribble Field Supervisor, Devin Norris, Field Supervisor Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-620. Photos #1 and #2 are of the complainant’s residence and address.

Compliant Item 1: Concrete kitchen countertop to be sanded and sealed. Inexperienced sub ruined concrete. Investigator’s Observation: At this jobsite investigation the respondent acknowledged that this was the first time the respondent’s subcontractor who performed the work had ever sanded and resealed a concrete countertop. During this jobsite investigation at the concrete kitchen countertop the complainant showed me where there are grooves, scratches and air bubbles in the finished surface. See P (3) thru P (6). The complainant also showed me where the stained finish has been worn down with exposed aggregate in the concrete finish. See P (8) thru P (10). After this jobsite investigation the respondent provided photos prior to the work commencing showing that some of the color in the concrete countertop was previously worn due to normal wear near and around the kitchen sink, above the dishwasher and other small areas throughout the countertop surface. The photos also showed a crack in the countertop at the kitchen sink. After this jobsite investigation the complainant provided copies of text from the respondent acknowledging the work was not up to standard and is taking the necessary steps to resolve the matter. During this jobsite investigation both parties acknowledged that another contractor made an attempt to correct the work at the small countertop on the right side of the stove.

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 RCC100 11/18

The color and sheen of the finish appeared to be an improvement compared to the remainder of the countertop and close to the original finish prior to the work commencing. However, the aggregate has been exposed. The respondent shall correct the concrete kitchen countertop finish with grooves, scratches, air bubbles and exposed aggregate by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 2: Kitchen window to be repaired to stop leak. As of 3/18/24 window still leaks! Investigator’s Observation: At this jobsite investigation I observed a kitchen window from the exterior of the home with duct tape adhered to the bottom of the glass and frame. During this jobsite investigation the complainant did not demonstrate that the kitchen window leaks. Upon reviewing the written contract specifications Exhibit A #7 Windows – Repair 2 window sills on the north side of the house. I am able to verify there is no specification in the contract to repair an existing leak in the kitchen window. After this jobsite investigation the complainant provided photos from the inside of the kitchen window showing water on the backsplash of the kitchen countertop and wood trim. The photos are not date or time stamped. There is insufficient evidence to substantiate that the window leaked or still leaks or that the respondent was hired to repair a leak at the kitchen window. Governing Rule: No Action

Compliant Item 3: Stucco repair terrible craftsmanship. Investigator’s Observation: At this jobsite investigation I observed stucco repairs around 2 north facing windows of the home. The stucco repairs are obvious and are not uniform with the surrounding stucco finish at both locations standing at a normal position. See P (11) thru P (16). During this jobsite investigation the complainant showed me another window on the south side of the home that was previously repaired by another contractor as an example of what the complainant would be satisfied with. See P (20). The respondent acknowledged that the stucco was removed to replace all 4 sides of the wooden window frames at both locations with new milled wooden components. The respondent shall correct the stucco repairs that are obvious and not uniform with the surrounding stucco finish at 2 exterior windows by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 4: Appears stucco repair guy cleaned his bucket on the sidewalk Investigator’s Observation: At this jobsite investigation I observed what appears to be efflorescence on the multi colored walkway leading to the back yard of the home. See P (17) thru P (19). There is insufficient evidence to substantiate that the white stains on the walkway are the result of the respondent’s poor workmanship by cleaning the stucco bucket on the sidewalk. Governing Rule: No Action

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 RCC100 11/18

Complainant: Patrick John Healey 34225 N Segundo Circle Scottsdale, AZ 85262

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: Arizona Construction & Restoration Corporation 2423 S 17th St. Phoenix, AZ 85034

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 1, 2024

License No. ROC 265055

Re:Complaint No. 2024-03233

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 Wednesday may 22, 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:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 After this jobsite investigation the respondent provided photos prior to the work commencing showing that some of the color in the concrete countertop was previously worn due to normal wear near and around the kitchen sink, above the dishwasher and other small areas throughout the countertop surface. The photos also showed a crack in the countertop at the kitchen sink. After this jobsite investigation the complainant provided copies of text from the respondent acknowledging the work was not up to standard and is taking the necessary steps to resolve the matter. During this jobsite investigation both parties acknowledged that another contractor made an attempt to correct the work at the small countertop on the right side of the stove. The color and sheen of the finish appeared to be an improvement compared to the remainder of the countertop and close to the original finish prior to the work commencing. However, the aggregate has been exposed. The respondent shall correct the concrete kitchen countertop finish with grooves, scratches, air bubbles and exposed aggregate by appropriate means. Governing 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:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 I am able to verify there is no specification in the contract to repair an existing leak in the kitchen window. After this jobsite investigation the complainant provided photos from the inside of the kitchen window showing water on the backsplash of the kitchen countertop and wood trim. The photos are not date or time stamped. There is insufficient evidence to substantiate that the window leaked or still leaks or that the respondent was hired to repair a leak at the kitchen window. Governing Rule: No Action

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patrick John Healey, Case No. 2024-03233 COMPLAINANT, v. Arizona Construction & CITATION Restoration Corporation, License No’s. ROC 265055, 265054 RESPONDENT.

The Registrar issues this Citation to Arizona Construction & Restoration Corporation

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

18, 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 licenses.

THE WRITTEN COMPLAINT

On March 18, 2024, Patrick John Healey (“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

violations of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

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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 :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. 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 licenses 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 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. 2024-03233. How to File a Written Answer: Respondent’s written answer may be submitted in the

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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 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 June 18, 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 licenses. 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

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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 Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s licenses should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

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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 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 3, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 3, 2024 to: Respondent Certified Mail No: [number redacted] Arizona Construction & Restoration Corporation 2423 S 17th St Phoenix, AZ 85034

Copy mailed by USPS First Class mail this same date to: Respondent Arizona Construction & Restoration Corporation 2423 S 17th St Phoenix, AZ 85034 Complainant Patrick John Healey 34225 N Segundo Circle Scottsdale, AZ 85262 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. 2024-03233/du

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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 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Received by Investigations 03/18/2024 2024-03233 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-03233 Investigator: David Fagerburg #210 Inspection Date: April 18, 2024 Inspection Time: 11:30 AM

Complainant: Patrick John Healy, Respondent: Arizona Construction Homeowner & Restoration Corporation, Matt Not Present: Pribble Field Supervisor, Devin Norris, Field Supervisor Not Present:

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 RCC100 11/18

Complainant: Patrick John Healey 34225 N Segundo Circle Scottsdale, AZ 85262

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 1, 2024

License No. ROC 265055

Re:Complaint No. 2024-03233

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Sincerely,

David Fagerburg David Fagerburg, Investigator #210 602 7716735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 LEGAL RECEIVED 06/04/2024

Arizona Construction & Restoration www.azdisaster.com 2423 S 17th St. Phoenix AZ 85034 office: 602-257-8444 email: [email redacted]

Written Answer to Citation and Complaint for Case No. 2024-03233

Arizona Construction and Restoration Corp (ACR) acknowledges receipt of the citation issued by the Registrar. In response to the charges outlined in the citation, ACR provides the following information to demonstrate why our license should not be suspended or revoked. ACR has been in compliance with the directive and had informed the Investigator of the timeline which extended beyond the deadline.

Charge 1: 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.

ACR Response: ACR was in the process of complying with the directive issued by the investigator. Attached to this response are emails from ACR to both the Complainant and the ROC Investigator demonstrating our compliance efforts.

Charge 2: 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.

ACR Response: ACR was actively complying with the directive issued by the investigator. Specifically, on May 18, 2024, we informed both the Complainant and the ROC Investigator via email that we were coordinating with our subcontractors, whose schedules extended beyond the May 22nd deadline. Due to the specific nature of the countertop color issue, we aimed to ensure the Complainant's approval of a sample area before proceeding with the work. However, we were unaware of the Complainant’s departure to Oregon for five months until the May 18th email, as documented in the attached files.

After speaking with the Complainant over the phone a few days past the deadline, ACR was informed that he was already in Oregon and would not permit further work on the property. Throughout this period, ACR maintained constant communication with both the Complainant and the investigator, providing updates on scheduling. ACR believes the citation did not fully consider our email communications regarding subcontractor schedules. Despite the busy schedules of our subcontractors, both the countertop and stucco subcontractors had visited the property to assess the necessary repairs, and we were close to starting the work when the citation was issued and the Complainant left for an undetermined period.

Attachments:

1. Email correspondence between ACR, the Complainant, and the ROC Investigator.

We respectfully request a review of the attached documentation and reconsideration of the citation based on the provided evidence of our compliance efforts.

Sincerely,

Zach Brizzee President Arizona Construction and Restoration Corp LEGAL RECEIVED 06/04/2024

From: Zach Brizzee To: Pat Healey; David Fagerburg Subject: Re: Healey - ROC 20240501-Written Directive-2024-03233 Resolution Date: Saturday, May 18, 2024 1:34:06 PM

Pat, I understand your frustration. I have informed the ROC already of our compliance prior to the deadline. I have subs lined up but they are not available until this coming week and then we still have to have the test countertop section done so we can all agree it meets the requirements of the directive prior to finishing all of it. Please continue to let me know of your availability so we can work out scheduling with the appropriate trades. Once their timeframes firm I have already committed to giving you a heads up in advance so there are no surprises.

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From: Pat Healey <[email redacted]> Sent: Saturday, May 18, 2024 12:30:33 PM To: Zach Brizzee <[email redacted]> Subject: Re: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

End of week is too late. Job supposed to be done by 22. We've been available since receiving the notice from ROC. We would normally left for Oregon several weeks ago as my family was planning a big 77th bday for me including our friends coming in from Hawaii. All of that was cancelled because we need to be here per the ROC document. Plus the guys need to paint the stucco. Sent from my iPhone

On May 17, 2024, at 3:48 PM, Zach Brizzee <[email redacted]> wrote:

In addition the stucco guy will be there end of next week. I’ll firm up his time next week.

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From: Pat Healey <[email redacted]> Sent: Friday, May 17, 2024 3:46:32 PM To: Zach Brizzee <[email redacted]> Subject: Re: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

He should be aiming for Monday if he plans to finish the job on time. Sent from my iPhone

On May 17, 2024, at 2:16 PM, Zach Brizzee <[email redacted]> wrote:

LEGAL RECEIVED 06/04/2024

Just got word from the Countertop sub, he can be out to your place Monday or Tuesday at 12PM. We will firm on Monday morning for sure. If one of those days works better for you, please let me know. Thanks.

Zach Brizzee President Arizona Construction and Restoration 2423 S 17th St. Phoenix AZ 85034 Direct: 602-296-4101 Cell: 970-903-7275 <image001.png>

From: Zach Brizzee Sent: Friday, May 17, 2024 1:06 PM To: Pat Healey <[email redacted]> Subject: RE: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

Just waiting for a reply from the subs. They have not gotten back to me yet.

Zach Brizzee <image001.png>

From: Zach Brizzee Sent: Tuesday, May 14, 2024 1:18 PM To: Pat Healey <[email redacted]> Subject: RE: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

Quick update, trying to get the Stucco guys pinned down on when they can get back out there. They had another job going on, hoping they give me good news and say either Thursday or Friday but it could be next week. Rest assured we will get this done though. Countertop sub hasn’t confirmed a time yet but hoping he can start soon as well.

Zach Brizzee LEGAL RECEIVED 06/04/2024

<image001.png>

From: Pat Healey <[email redacted]> Sent: Friday, May 10, 2024 3:49 PM To: Zach Brizzee <[email redacted]> Subject: Re: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

Stucco guy came out with his two assistance but didn’t have the correct sand (my term) so will be back next week. Very nice guy and well intentioned to make the corrections needed. He told me he would let me know when he would return next week. Please keep me posted as well. Thank you, Pat Healey Sent from my iPad

On May 9, 2024, at 3:40 PM, Zach Brizzee <[email redacted]> wrote:

Their window is between 9am-11am tomorrow.

Zach Brizzee <image001.png>

From: Patrick Healey <[email redacted]> Sent: Thursday, May 9, 2024 2:56 PM To: Zach Brizzee <[email redacted]> Subject: Re: Healey - ROC 20240501-Written Directive-2024- 03233 Resolution

All sounds good. Just give me a heads up when stucco guy plans to be here! Thanks

On May 9, 2024, at 12:00 PM, Zach Brizzee <[email redacted]> wrote: LEGAL RECEIVED 06/04/2024

Yes I did. I spoke with our Stucco guy and he is available tomorrow morning to start around the windows if that will work for you. Please let me know and I will get them going. Countertop guy will most likely be next week, he will need to come out and inspect before doing the work, I am going to have him do a small section of the countertop so we can make sure everyone agrees with the look. I will let you know about timing once I hear back from them.

Thank you.

Zach Brizzee <image001.png>

From: Pat Healey <[email redacted]> Sent: Thursday, May 9, 2024 11:24 AM To: Zach Brizzee <[email redacted]> Subject: Re: Healey - ROC 20240501-Written Directive-2024-03233 Resolution

Mr. Buzzer, I'm hoping you received my email reply to your message below last evening. I will be more than happy to pay the remaining bill once the job is completed and reviewed by ROC. Obviously I'm expecting a great job on the redo with no further issues. Pat Healey

As I mentioned, we are home and available upon short notice. Sent from my iPhone

On May 8, 2024, at 12:53 PM, Zach Brizzee LEGAL RECEIVED 06/04/2024

<[email redacted]> wrote:

There is also an outstanding balance of $1,127.93 of the contract that needs to be paid upon completion.

Zach Brizzee <image001.png>

From: Zach Brizzee Sent: Wednesday, May 8, 2024 12:52 PM To: [email redacted] Cc: David Fagerburg <[email redacted]> Subject: Healey - ROC 20240501- Written Directive-2024-03233 Resolution

Mr Healey, We are in receipt of the ROC’s directive. Here is what ACR will be proposing to remedy the following Directives. Please let us know when you have availability, and I will start to get our sub-contractors scheduled when a timeframe that is conducive to both parties will work.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means: Compliant Item 1: Concrete kitchen countertop to be sanded and sealed. Inexperienced sub ruined concrete. Investigator’s Observation: At LEGAL RECEIVED 06/04/2024

this jobsite investigation the respondent acknowledged that this was the first time the respondent’s subcontractor who performed the work had ever sanded and resealed a concrete countertop. During this jobsite investigation at the concrete kitchen countertop the complainant showed me where there are grooves, scratches and air bubbles in the finished surface. See P (3) thru P (6). The complainant also showed me where the stained finish has been worn down with exposed aggregate in the concrete finish. See P (8) thru P (10). After this jobsite investigation the respondent provided photos prior to the work commencing showing that some of the color in the concrete countertop was previously worn due to normal wear near and around the kitchen sink, above the dishwasher and other small areas throughout the countertop surface. The photos also showed a crack in the countertop at the kitchen sink. After this jobsite investigation the complainant provided copies of text from the respondent acknowledging the work was not up to standard and is taking the necessary steps to resolve the matter. During this jobsite investigation both parties acknowledged that another contractor made an attempt to correct the work at LEGAL RECEIVED 06/04/2024

the small countertop on the right side of the stove. The color and sheen of the finish appeared to be an improvement compared to the remainder of the countertop and close to the original finish prior to the work commencing. However, the aggregate has been exposed. The respondent shall correct the concrete kitchen countertop finish with grooves, scratches, air bubbles and exposed aggregate by appropriate means.

ACR Resolution: We will have the sub-contractor that was able to match closely the stain and finish come out to sand, provide a slurry coat to hide the exposed aggregate and other grooves, scratches etc, stain, and seal the areas that are deficient. The stain will be as close as possible, but no stain will match perfectly from the original.

Compliant Item 3: Stucco repair terrible craftsmanship. Investigator’s Observation: At this jobsite investigation I observed stucco repairs around north facing windows of the home. The stucco repairs are obvious and are not uniform with the surrounding stucco finish at both locations standing at a normal position. See P (11) thru P (16). During this jobsite investigation the complainant LEGAL RECEIVED 06/04/2024

showed me another window on the south side of the home that was previously repaired by another contractor as an example of what the complainant would be satisfied with. See P (20). The respondent acknowledged that the stucco was removed to replace all 4 sides of the wooden window frames at both locations with new milled wooden components. The respondent shall correct the stucco repairs that are obvious and not uniform with the surrounding stucco finish at 2 exterior windows by appropriate means.

ACR Resolution: We will have a sub-contractor come out to redo the stucco around the windows to make a more uniform look, then paint those walls from corner to corner. Paint color will be as close a match as possible but no paint will match perfectly the other walls around the exterior.

Zach Brizzee <image001.png> 6/4/24, 2:41 PM State of Arizona Mail - Written Answer to Citation and Complaint for Case RECEIVED LEGAL No. 2024-03233 06/04/2024

Legal New Mail - AZROC <[email redacted]>

Written Answer to Citation and Complaint for Case No. 2024-03233 message

Zach Brizzee <[email redacted]> Tue, Jun 4, 2024 at 11:00 AM To: "[email redacted]" <[email redacted]>

Please find our written response to the citation. Please respond if you can so I know you received this and let me know if you have any additional questions.

Zach Brizzee President Arizona Construction and Restoration

2423 S 17th St. Phoenix AZ 85034 Direct: 602-296-4101 Cell: 970-903-7275

Answer to Citation Case No. 2024-03233 with Emails.pdf 415K

https://mail.google.com/mail/b/AEoRXRQBjjXhtv7RXfp5TMNciSk6PZ3EngU3-iBq-JdejJRn6s0x/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=t… 1/1 6/6/24, 9:33 AM State of Arizona Mail - Re: Case 2024-03233-Citation-Do Not Reply

Douglas Ulmer <[email redacted]>

Re: Case 2024-03233-Citation-Do Not Reply message

Pat Healey <[email redacted]> Thu, Jun 6, 2024 at 9:27 AM To: Douglas Ulmer <[email redacted]>

Dear Mr. Ulmer,

I wanted to make a statement that needs to be reviewed concerning my claim.

1. My background: 43 year owner of one of the largest State Farm Insurances in Oregon. Over the years my office handled thousands of claims for my insureds. I am very familiar with how claims are handled and paid from an insurance perspective.

2. Once I noticed the serious damage to my concrete countertop by the ACR workman, I contacted the company and requested the name of their insurance company, policy number and phone number so I could file a claim under their Contractors General Liability Policy. Matt Pribble, the person that was overseeing my project told me “the owner” would not provide me with that information and if I had a complaint I should file it with ROC. I couldn’t understand that decision because the worker they hired had no experience working with concrete countertops and he and his son absolutely destroyed my countertop. ACR was liable and was responsible for putting me back to where I was prior to the serious damage done by their workers.

3. The job to lightly sand the top and reseal was a common thing you do to maintain the surface of the countertop. I had previously had the job done for approximately $600. The countertop was not marred, scratched leaving deep groves, or cracked by the fellow I personally hired. There were no poc marks (holes) in the countertop due to improper sealing methods.

4. I appreciated the time your inspector took to review my countertop damage but the entire time he was reviewing the top the contractor, Matt Pribble was jabbering in his ear that there was no appreciable damage and it could be repaired. I have sent many photos of the countertop to your office including photos sent by Pribble showing before and after pictures. The concrete person they recommended came to my home and told me that he would never accept this damage in his own home and would want it replaced. I must state that previous to my countertop work, Matt Pribble had no previous experience with repair of concrete countertops. He hired a guy to sand and polish that also had no experience and when I called Matt to stop by and check out the questioned damage he stopped by and after reviewing said it will look great once they put the sealer on. No, no, no! It never looked like it once did once they started their work. It is damaged and needs to be replaced.

5. Since this occurred I have had four separate contractors visit my home and review the damage to the concrete countertop. There is no way to undo the damage done, either live with the damage or have a new countertop installed.

6. The owner (Respondent) of ACR called me many times on my trip back to Oregon a couple of weeks ago to try and make a deal with me. I kept telling him “there is no deal to be made.” He wouldn’t work or talk with me before, during or after my loss. He wanted me to write him a note indicating I wouldn’t “make a deal.” I explained his representative, Matt Pribble, lied during the investigation about the stucco, the countertop and the window repairs. I have all the dated text messages from my correspondence with Matt Pribble before, during and after my claim if you need them.

Sincerely, Pat Healey 503-720-5973

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 1/2 6/6/24, 9:33 AM State of Arizona Mail - Re: Case 2024-03233-Citation-Do Not Reply

Sent from my iPad

On Jun 3, 2024, at 4:31 PM, Douglas Ulmer <[email redacted]> wrote:

Good Afternoon,

Attached please find an electronic courtesy copy of the Citation issued in Case 2024-03233. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Thanks,

Douglas Ulmer Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 [email redacted] (602) 542-1525 www.roc.az.gov

<20240603 Citation 2024-03233 Mailed.pdf>

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&simpl=msg-f:[number redacted]&mb=1 2/2 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

David Fagerburg <[email redacted]>

Re: Patrick Healey Job message

Patrick Healey <[email redacted]> Sun, Apr 21, 2024 at 3:55 PM To: David Fagerburg <[email redacted]>

David,

Thank you for sending the pictures Matt took of our concrete kitchen countertops prior to his company beginning the work. As you can see from his photos, the countertops were in excellent condition except a few spots where the sealer was coming up from normal wear and tear.

As I mentioned during our meeting, I had a craftsman about five years ago restore the countertops re sanding and resealing. He completed the job in about six hours leaving 1. no issues re discoloration, 2. no deep grooves in the surface, 3. no exposed bare concrete patches, 4. No holes in the surface and 5. no thousands of air bubbles throughout all the surfaces. The photos Matt supplied prior to his worker entering my home bare out what I’m sharing with you.

Because of the brightness of the sun and overhead lights combined with the reflective surface, it made it difficult to actually see the discrepancies on Friday. But now you have the pictures Matt took, as well as the few you took plus the ones I’m providing to help you make a decision. I’ll send you a couple of pages from Matt and myself discussing the poor workmanship and his apologizing for the terrible result. I can send the entire discussion if you need more verification of the text conversation.

Following the text message I mentioned above, I agreed to meet with Jed Vowers, owner of Stained V Concrete inScottsdale, to get his opinion regarding chances of repairing the countertops back to their original state. I stood and watched his workers sand and seal a small section of the countertop. When finished he showed me all the irreparable damage that had been caused by the worker hired by ACR. Jeds opinion was "there was no way to bring back the appearance I had enjoyed for the past 20 years." He mentioned something about a slurry process but said he would never accept that process on his one countertop.

Final thoughts. What if my countertop had been Quartz or granite rather than concrete? How many customers would be satisfied with hundreds of deep grooves and sanding discolorations etc especially when they learn the worker and his son hired to do the job, had NO experience or expertise in rehabbing concrete countertops. People would be going nuts! The concrete countertop is a major part of our home decor (Hacienda) and we expect to be made whole.

Respectfully,

Pat Healey

On Apr 19, 2024, at 4:35 PM, David Fagerburg <[email redacted]> wrote:

Pat,

Please see the email received from the respondent today.

Respectfully,

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

---------- Forwarded message --------- From: Matt Pribble <[email redacted]>

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 7/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 8/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 9/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 10/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

109DAFF2-E9B7-4F09-ADC4-0AD78F991139.jpeg

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 11/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 12/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

Date: Fri, Apr 19, 2024 at 1:14 PM Subject: Patrick Healey Job To: [email redacted] <[email redacted]> Cc: Zach Brizzee <[email redacted]>

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 13/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 14/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 15/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 16/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 17/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 18/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 19/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 20/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 21/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 22/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 23/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 24/25 4/29/24, 4:34 PM State of Arizona Mail - Re: Patrick Healey Job

David Fagerburg Investigator #210 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 762-8095 E-mail [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 25/25 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

David Fagerburg <[email redacted]>

Patrick Healey Job message

Matt Pribble <[email redacted]> Fri, Apr 19, 2024 at 1:14 PM To: "[email redacted]" <[email redacted]> Cc: Zach Brizzee <[email redacted]>

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 2/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 3/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 4/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 5/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 6/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 7/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 8/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 9/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 10/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 11/12 4/29/24, 4:32 PM State of Arizona Mail - Patrick Healey Job

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 12/12 4/29/24, 8:56 AM IMG_3895.JPG

https://mail.google.com/mail/u/0/#inbox/WhctKKZWllVvTLszdMcgNCXsrPZcrRbhgwtmqTXDdVnGdZhwHMlZjFlzNjpGbRvcJTSmGwQ?projector=1&m… 1/1 4/29/24, 8:56 AM IMG_3893.JPG

https://mail.google.com/mail/u/0/#inbox/WhctKKZWllVvTLszdMcgNCXsrPZcrRbhgwtmqTXDdVnGdZhwHMlZjFlzNjpGbRvcJTSmGwQ?projector=1&m… 1/1 4/29/24, 8:57 AM IMG_3891.JPG

https://mail.google.com/mail/u/0/#inbox/WhctKKZWllVvTLszdMcgNCXsrPZcrRbhgwtmqTXDdVnGdZhwHMlZjFlzNjpGbRvcJTSmGwQ?projector=1&m… 1/1 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3