2024A-04146-CHC-ROC Notice of Hearing & Packet MAILED

2024A-04146-CHC-ROC · Registrar of Contractors · 2024-07-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Joanne Kulczyk-Kenton , Case No. 2024-04146

COMPLAINANT, Docket No. 2024A-04146-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Right Way Roofing Inc. License No. ROC 188504,

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

HEARING INFORMATION The hearing is set for:

August 23, 2024 1:00 PM 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 20, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 16, 2024.

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

Copy mailed via USPS First Class mail July 16, 2024 to:

Respondent(s) Right Way Roofing Inc. 8255 E. Willetta St. Mesa, AZ 85207

Respondent's Attorney Chris R. Baniszewski, Esq. 2555 E Camelback Rd, Ste. 800 Phoenix, AZ 85016 Complainant(s) Victoria Joanne Kulczyk-Kenton 13616 N. 2nd Pl. Phoenix, AZ 85022

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2024-04146 /

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: Victoria Kulczyk-Kenton 13616 N. 2nd Pl. Phoenix, AZ 85022

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: Right Way Roofing Inc 1818 N Sericin Cir Mesa, AZ 85205

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 10, 2024

Re: Complaint No. 2024-04146

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, May 9, 2024 at 12:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complaint #2024-04146 P 1 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 2 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 3 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 4 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 5 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 6 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 7 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 8 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 9 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 10 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 11 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 12 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 13 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 14 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 15 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 16 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 17 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 18 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 19 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 20 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04146 P 21 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-04146 Investigator: Joey Chester Inspection Date: Thursday, May 9, 2024 Inspection Time: 12:00 PM

Complainant: Victoria Joanne Respondent: Right Way Roofing Kulczyk-Kenton Inc Not Present: Not Present:

Jobsite General Notes: JSI occurred on Thursday May 9th 2024 at 12:00pm. Homeowner Victoria Kenton was present along with Lori Clark from Right Way Roofing and Chris Baniszewski attorney for the respondent. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item 1: - Some blocks raising electrical conduit removed & pulled off of roof causing area being fused with roofcoating upon spray Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Complaint Item 2: - Mar.20,2024 heavy rain bare roof and no tarps just paint drop plastic cloths. Interior water damage 4ceilings&allgarage. P.S. heavy rain on Mar. 20,2024 rain coming from indoor light fixtures & exhaust fans. Sagging drywall water stains all Investigator’s Observation: At time of inspection verified multiple areas of ceiling with water damage throughout the house, The Respondent will need to correct this issue by the appropriate means. Since the Respondent is not appropriately licensed to do this work, the appropriate means will be the two parties coming to a resolution to have an appropriately licensed contractor complete the corrective work. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item 3: - Chimney Screen missing. - 2 broken outdoor solar lights Investigator’s Observation: At time of inspection the respondent acknowledged and stated they will replace items, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 4: - Interior dry wall nails exposed during removal of previous roof. Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

Complainant: Victoria Joanne Kulczyk-Kenton 13616 N. 2nd Pl. Phoenix, AZ 85022

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: Right Way Roofing Inc DBA: 8255 E. Willetta St. Mesa, AZ 85207

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 14, 2024

License No. ROC 188504

Re:Complaint No. 2024-04146

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 Tuesday, June 18, 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:

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

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

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

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

Victoria Joanne Kulczyk-Kenton Case No. 2024-04146 COMPLAINANT, v. Right Way Roofing Inc CITATION License No. ROC 188504,

RESPONDENT.

The Registrar issues this Citation to Right Way Roofing Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 5, 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 April 9, 2024, Victoria Joanne Kulczyk-Kenton (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04146. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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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 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

If Respondent submits a written answer by mail, it is not filed with the Registrar until the

Registrar actually receives it.

Deadline for Filing a Written Answer: Respondent must file a written answer with the

Registrar no later than July 5, 2024.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is

complete five days after the Registrar mails a copy of the Citation and Complaint to

Respondent’s latest address of record in the Registrar’s office.

Consequences for Failing to File a Written Answer: If Respondent fails to answer,

Respondent’s failure may be deemed an admission of the act or acts charged in the written

complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s

license(s).

THE ADMINISTRATIVE HEARING

If Respondent files a timely written answer contesting any charges in the Complaint,

then the Registrar will request the Office of Administrative Hearings set a date for an

administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

The Registrar’s assigned investigator will appear as a witness at the hearing. If either

party demands the attendance at the hearing of any other person, that party must obtain and

serve a subpoena in compliance with the rules and processes established by the Office of

Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 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

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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 Registrar. Dated June 20, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 20, 2024 to: Respondent Certified Mail No: [number redacted] Right Way Roofing Inc 8255 E Willetta St Mesa, AZ 85207-1335

Copy mailed by USPS First Class mail this same date to: Right Way Roofing Inc 8255 E Willetta St Mesa, AZ 85207-1335 Complainant Victoria Joanne Kulczyk-Kenton 13616 N. 2nd Pl. Phoenix, AZ 85022

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. 2024-04146 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Victoria Joanne Kulczyk-Kenton Mailing Address (Enter jobsite in Contract/Project section) City State Zip

13616 N. 2nd Pl. Phoenix Arizona 85022 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Right Way Roofing Inc ROC 188504 Street Address City State Zip

8255 E. Willetta St. Mesa Arizona 85207 Phone Number Email

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

Johnnie & Lori Clark Contract/Project Information Contract Date Contract Amount Amount Paid

February 19, 2024 $16,000.00 $0.00 Date Work Started Date Work Stopped Date Work Was Completed

March 19, 2024 March 20, 2024 March 29, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

13616 N. 2nd Place Phoenix AZ 85022 Name of Construction Site Owner Construction Site Name (if applicable)

Victoria Kenton N/A Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No

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

Has any work been corrected? No

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

I did not have a leakie roof prior I choose to get a new roof because my husband is 82 & I am 76 so we could have peace of mine from roof problems. We also purchased a new central air 2wks. prior. I do have photos of the roof before they caused all this damage. I am sick to my stomach. I also have photos that are dated on my IPad . Allegations Listed on Complaint:

Some blocks raising electrical conduit removed & pulled off of roof causing area being fused with roofcoating upon spray

Mar.20,2024 heavy rain bare roof and no tarps just paint drop plastic cloths. Interior water damage 4ceilings&allgarage

Interior dry wall nails exposed during removal of previous roof.

Chimney Screen missing. - 2 broken outdoor solar lights

P.S. heavy rain on Mar. 20,2024 rain coming from indoor light fixtures & exhaust fans. Sagging drywall water stains all

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Victoria Joanne Kulczyk-Kenton \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 7/3/24, 2:05 PM State of Arizona Mail - Complaint No 2024-06622

Legal New Mail - AZROC <[email redacted]>

Complaint No 2024-06622 messages

Ed Hibbert <[email redacted]> Wed, Jul 3, 2024 at 11:57 AM To: "[email redacted]" <[email redacted]>

Good Morning

Here is our answer to Complaint No. 2024-06622. I will have additional documents to submit. We just received this in the mail at our office today and I wanted to meet our deadline.

Thank You

Edward Hibbert

Owner

Ocotillo Construction Co Inc

480-797-4644 cell

480-857-3551 office

www.ocotilloconstruction.com

SAK complaint answer.pdf 40K

Legal New Mail - AZROC <[email redacted]> Wed, Jul 3, 2024 at 1:56 PM To: Ed Hibbert <[email redacted]>

Received, thank you.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQShmvVoXRsUVtwfus8x7qprN_W1wV0Sn7Xw_SXOjhfGltg/u/0/?ik=d3afebeda9&view=pt&search=all&permthi… 1/1 7/3/24, 1:53 PM State of Arizona Mail - Case No. 2024-04146 re Victoria Joanne Kulczyk-Kenton v. Right Way Roofing Inc., License No. ROC 188504

Answers - AZROC <[email redacted]>

Case No. 2024-04146 re Victoria Joanne Kulczyk-Kenton v. Right Way Roofing Inc., License No. ROC 188504 message

Carolena Toledo <[email redacted]> Wed, Jul 3, 2024 at 11:23 AM To: "[email redacted]" <[email redacted]> Cc: Chris Baniszewski <[email redacted]>, Lance Hough <[email redacted]>, "[email redacted]" <[email redacted]>

Good morning,

Attached is the Respondent’s Written Answer to Citation and Complaint for the above-referenced matter.

Thank you,

Carolena Toledo Legal Assistant

2555 E. Camelback Road, Ste. 800

Phoenix, Arizona 85016

602-264-7101 telephone

602-234-0419 facsimile

CONFIDENTIALITY NOTICE:

This and any accompanying pages contain information from the law firm of Warner Angle Hallam Jackson & Formanek PLC which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please delete the information. If you have received this E-Mail in error, please notify our offices by telephone at 602-264-7101.

Answer to Citation and Complaint.pdf 185K

https://mail.google.com/mail/b/AEoRXRRndBICXeboJpV7a30GUeWUJFVJSgMJv7mO0t2YXhhobBQN/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/1 Chris R. Baniszewski, State Bar No. 15617 Lance D. Hough, State Bar No. 035017 WARNER ANGLE HALLAM JACKSON & FORMANEK PLC 2555 East Camelback Rd., Suite 800 Phoenix, Arizona 85016 Telephone: (602) 264-7101 E-mail: [email redacted] [email redacted] Attorneys for Respondent Right Way Roofing Inc.

BEFORE THE REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Joanne Kulczyk-Kenton, Case No. 2024-04146 COMPLAINANT, WRITTEN ANSWER TO vs. CITATION AND COMPLAINT Right Way Roofing Inc., License No. ROC 188504, RESPONDENT.

Respondent Right Way Roofing Inc. (“Respondent”), through undersigned counsel now appearing, hereby answers the Citation and Complaint. Respondent’s license should not be revoked or suspended for the following reasons: BACKGROUND Respondent has been charged with (1) failure to perform in accordance with professional industry standards and (2) failure to comply with a Written Directive issued by an investigator for the Registrar of Contractors. Respondent has completed its original scope of work for the Complaint, including addressing punch list items and minor credits/offsets. The remaining underlying dispute pertains only to water damage. The Written Directive provided that repairs needed to be performed and specifically required that Complainant and Respondent agree upon which third-party contractor will be hired to perform the repairs. The Written Directive inherently required that Complainant allow that third-party contractor to perform the repairs. Written communications demonstrate that Respondent proposed at least four (4) third-party contractors and Complainant’s insurance broker proposed one (1) third-party contractor; and despite all such proposals and repeated attempts by Respondent to schedule repairs, Complainant never agreed to a third-party contractor or to allow completion of the repairs. In sum, Complainant never afforded Respondent a genuine opportunity to comply with the Written Directive. The below responses to charges provided additional context. RESPONSE TO CHARGES Warner Angle Hallam Jackson & Formanek PLC

1. Respondent specifically denies Charge 1 of the Citation under A.R.S. § 32- 1154(A)(3) and A.A.C. § R4-9-108(c) for failure to perform in accordance with professional industry standards. Respondent performed work within professional industry standards and was prevented from completing relevant repairs prior to the Complainant submitting the Complaint to the Registrar of Contractors. Additionally, prior to Complainant submitting the Complaint to the Registrar of Contractors, Complainant instructed Respondent’s crew to stop performing while working on her roof and prevented Respondent from completing work and installing temporary coverings for protection from weather conditions. Complainant’s direction to stop performing included verbal abuse of Respondent’s work crew and a demand that they immediately get off her roof. Prior to this point, Respondent had ensured the roof was water-tight upon leaving each day to prevent water damage in the event of a rainstorm. At this point, Respondent was prevented from ensuring the roof was water-tight prior to leaving that day. A substantial rainstorm is believed to have caused water damage to certain portions of Complainant’s property. Such water damage was unrelated to applicable industry or workmanship standards and arose from Complainant’s demand that Respondent’s crew stop working and get off the roof. Nonetheless, Respondent ensured Complainant that it would take care of the water damage. Respondent then, through its own employees and multiple third-party contractors, attempted to perform the relevant repairs necessary to address the water damage. Complainant then refused to allow Respondent or its proposed third-party contractors to perform any subsequent repairs. Respondent repeatedly offered to perform repairs and

attempted to schedule repairs, but Complainant refused such offers and repeatedly threatened Respondent and its employees. Therefore, to the extent any work was out of compliance with professional industry standards, Respondent has not violated A.R.S. § 32- 1154(A)(3) or A.A.C. § R4-9-108(c) because it was never afforded an opportunity to correct items that are the subject of the Written Directive and Citation. 2. Respondent specifically denies Charge 2 of the Citation under A.R.S. § 32- 1154(A)(22) for failure to comply with the Written Directive. Complainant refused to allow Warner Angle Hallam Jackson & Formanek PLC

Complainant to perform repairs (1) prior to her submitting the Complaint, (2) prior to the Registrar of Contractors issuing the Written Directive, and (3) after the Registrar of Contractors issued the Written Directive. Respondent repeatedly offered to perform repairs and attempt to schedule repairs through third-party contractors, but Complainant has refused such offers and repeatedly threatened Respondent and its employees. Complainant stated during a recorded call that she would not let Respondent perform repairs unless Respondent waived all charges for completing any and all remaining work under the original scope, which has been completed. Respondent has never been afforded an opportunity to perform relevant repairs, including through third-parties to be hired by Respondent to comply with the Written Directive; Complainant has prevented Respondent from taking appropriate corrective action to comply with the Written Directive. Therefore, Respondent has not violated A.R.S. § 32-1154(A)(22). 3. To the extent not addressed above, Respondent denies each and every allegation of the Citation and Complaint. THEREFORE, Respondent respectfully requests that the Citation and Complaint be dismissed and no discipline issued against Respondent’s license. DATED this 3rd day of July 2024.

WARNER ANGLE HALLAM JACKSON & FORMANEK PLC

By /s/ Chris R. Baniszewski Chris R. Baniszewski

Lance D. Hough Attorneys for Respondent Right Way Roofing Inc. ORIGINAL filed this 3rd day of July 2024 email to the Registrar at:

Attn: Legal Department Arizona Registrar of Contractors [email redacted] Warner Angle Hallam Jackson & Formanek PLC

COPY e-mailed/mailed the same day to: Attn: Legal Department Arizona Registrar of Contractors P.O. Box 18244 Phoenix, AZ 85005-8244

Joey Chester Investigator Arizona Registrar of Contractors 1700 W Washington St, Ste 105 Phoenix, AZ 85007 [email redacted] Victoria Joanne Kulczyck-Kenton 13616 N. 2nd Pl. Phoenix, AZ 85022 Pro per Complainant

By: /s/ Carolena Toledo

John Chester <[email redacted]>

ROC Case 2024-04146 Written Directive messages

John Chester <[email redacted]> Tue, May 14, 2024 at 4:57 PM To: Lori Clark <[email redacted]>

Dear Respondent. A written directive has now been issued regarding the above listed complaint. Please see the attached directive for details and instructions (a copy has also been mailed to your address on file). You have until 6/18 to correct the issues. Please respond and acknowledge receipt of this email. Sincerely,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

The ROC is now on social media! Make sure to follow us on:

20240514 Written Directive 2024-04146.pdf 155K

Lori Clark <[email redacted]> Tue, May 14, 2024 at 5:05 PM To: John Chester <[email redacted]> Cc: "[email redacted]" <[email redacted]>

I have received this. I am waiting for Vicki to provide me with the estimates so we can move forward. I noticed in the complaint that it says that we have to agree on a contractor. Can you please confirm that it is her responsibility to get estimates and provide them to me and I get to choose the one I want to go with? Thank you!

Lori Clark Right Way Roofing, Inc. 480-277-3446

From: John Chester <[email redacted]> Sent: Tuesday, May 14, 2024 4:57 PM To: Lori Clark <[email redacted]> Subject: ROC Case 2024-04146 Written Directive

Dear Respondent.

A written directive has now been issued regarding the above listed complaint. Please see the attached directive for details and instructions (a copy has also been mailed to your address on file). You have until 6/18 to correct the issues. Please respond and acknowledge receipt of this email.

Sincerely,

Joey Chester Investigator #226 Arizona Registrar of Contractors

1700 W. Washington St., Suite 105

Phoenix, AZ 85007

Phone: 480-645-1845

The ROC is now on social media! Make sure to follow us on:

John Chester <[email redacted]> Mon, May 20, 2024 at 9:09 AM To: Lori Clark <[email redacted]>

We did not verify if item #4 of the directive has been taken care of, please let me know if this itme has been taken care of or not once you are out there during the repair process. Thank you. [Quoted text hidden] Joey Chester Investigator #226 [Quoted text hidden]

The ROC is now on social media! Make sure to follow us on:

Lori Clark <[email redacted]> Mon, May 20, 2024 at 4:58 PM To: John Chester <[email redacted]>

Joey,

Thank you for taking your time to speak with me today. #4 on the directive may not be roof related at all. I have already agreed to pay for her broken solar lights and install her chimney screen, which I don’t know if we broke or not. I don’t mind; I just want her to be taken care of so we can close this. With that being said, I have attached a recording of Vicki saying that if I don’t discount the entire cost of her roof, which is $16,013 (on top of paying for the repairs), she will wait until the corrective work order is issued to let me fix anything so it will show up on my record. I have sent out three licensed contractors to give her bids and she won’t allow me to fix it because I won’t give her a free roof. Initially, she asked for a licensed drywall contractor so I sent out two licensed drywall companies. She refused their services. Then she said she wanted a restoration company so I sent out a licensed restoration contractor. She also refused his service. Also, she threw my crew off of the roof while they were working because she didn’t like a piece of fascia that they had replaced. She was screaming, cussing and threatening to call the police if they didn’t stop working. She admitted that to me but that was before I started recording her. She said “You’re damn right I threw them off and they kept saying we have to get foamed, we have to get foamed and I said ‘the fuck you are. Get the fuck off my roof before I call the cops’” That’s the only reason it was even left open that night and the entire roof was foamed in except for the garage. Some of the other spots could be from prior roof leaks as there were patches all over the roof and there was rotten wood from long term leaks. I don’t have before pictures so it’s a moot point and I will fix it but just wanted to make you aware of what happened. She called me the night it was raining and I had my superintendent out there within the hour to cover it better and prevent more water damage.

I am thinking of filing an insurance claim. I was going to wait until we agreed on a company and get their bid to see if it’s worth it but I am considering it just to be out of the middle of this mess. Please let me know if that would result in the complaint getting dropped. I know it says resolved but it is still damages our reputation because it looks like we didn’t take of it in a timely manner.

37:35 is the total recording time.

At 1:01 in the recording, When she asked me if I had done any thinking, she was referring to when she told me that I need to figure out how much money I’m going to give her and she would drop the complaint.

Starting at 4:25 in the recording she says that she won’t drop the complaint unless I give her the entire roof for free.

At 12:57 in the recording she, in a roundabout way, admitted that she took them off the roof because she didn’t like the fascia.

[Quoted text hidden]

new_recording_2.m4a 18431K 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