2024A-04212-CHC-ROC Notice of Hearing & Packet MAILED 2024-04212.pdf
2024A-04212-CHC-ROC · Registrar of Contractors · 2024-08-14
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Noel Schneider , Case No. 2024-04212
COMPLAINANT, Docket No. 2024A-04212-CHC-ROC
v. NOTICE OF HEARING ON CONTESTED CASE Quest Pool Company LLC License No. ROC 338848,
RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
September 23, 2024 1:00 PM Samuel Fox Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised
Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.
PARTICULAR ARIZONA STATUTES AND RULES INVOLVED
The statutes and rules the Respondent is alleged to have violated are cited in the
complaint and citation, which were served on the Respondent on July 18, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED
The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.
A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented
by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-
1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092
to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET
In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE
The date of the hearing may only be advanced or delayed on the agreement of the
parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may
be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com
If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of
extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated August 14, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors
Copy mailed via USPS First Class mail August 14, 2024 to:
Respondent(s) Quest Pool Company LLC PO Box 1884 Queen Creek, AZ 85142
Respondent's Attorney Julianne C. Wheeler, Esq. 2552 W Erie #106 Phoenix, AZ 85282 Complainant(s) Noel Schneider 10128 E Tillman Ave Mesa, AZ 85212
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. 2024-04212 /
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: Noel Schneider 10128 E Tillman Ave. Mesa, AZ 85212
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: Quest Pool Company LLC DBA: PO Box 1884 QUEEN CREEK, AZ 85142
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 15, 2024
Re: Complaint No. 2024-04212
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for Monday, May 13, 2024 at 09:30 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,
Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
Cc: File Complainant Respondent
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
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 Complainant: Noel Schneider 10128 E Tillman Ave. Mesa, AZ 85212
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: Quest Pool Company LLC DBA: PO Box 1884 QUEEN CREEK, AZ 85142
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 May 7, 2024
JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-04212
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for May 13, 2024 at 9:30 AM has been rescheduled for Wednesday, May 22, 2024 at 10:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Albert Bernal Albert Bernal, Investigator [number redacted] [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
CC: Respondent Complainant
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 5/17/24, 8:25 AM State of Arizona Mail - Re: Complaint 2024-04212 Reschedule jobsite inspection.
Lazaro Bernal <[email redacted]>
Re: Complaint 2024-04212 Reschedule jobsite inspection. message
Noel Schneider <[email redacted]> Tue, May 7, 2024 at 3:04 PM To: Lazaro Bernal <[email redacted]>
Albert,
In response to Quest rescheduling, May 22/2024 @10:00 AM works for us.
Thank you,
Noel Schneider
On Tue, May 7, 2024 at 1:56 PM Lazaro Bernal <[email redacted]> wrote:
Good Afternoon All. The Respondent requested the Jobsite inspection to be rescheduled. I give the opportunity to each party to reschedule the JSI once throughout the complaint process. I am available to do the jobsite inspection on the following dates: May 22/2024 @ 10:0 AM May 23/2024 @ 10:00 AM Your prompt response in this matter is greatly appreciated.
-- to
Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742
Email: [email redacted] Hours: Mon.- Fri. 0800-1700
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https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r7692628265842177016%7Cmsg-f:[number redacted]… 1/2 5/17/24, 8:25 AM State of Arizona Mail - Re: Complaint 2024-04212 Reschedule jobsite inspection.
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-a:r7692628265842177016%7Cmsg-f:[number redacted]… 2/2 5/17/24, 8:32 AM State of Arizona Mail - Emergency
Lazaro Bernal <[email redacted]>
Emergency message
Quest Pool Co. <[email redacted]> Wed, May 15, 2024 at 1:51 PM To: Lazaro Bernal <[email redacted]>
Good afternoon,
We will need to reschedule the compliance walk again.
Thank you.
Quest Pool Company LLC Quest Landscape & Design LLC ROC #338848/338103 PO Box 1884 Queen Creek, AZ 85142 Designer | Estimator / Jessee S. Office / (480) 477-8832
Finance your dream backyard with our trusted lending partners! https://www.lyonfinancial.net/dealer/quest-pool-company-az/ https://www.hfsfinancial.net/promo/64cbd0effc86a88c24672b40
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/1 Jobsite inspections Photos 1 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Front of residence Jobsite inspections Photos 2 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water feature -water leak. Jobsite inspections Photos 3 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water feature -water leak. Jobsite inspections Photos 4 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water feature- water leak (back side) Jobsite inspections Photos 5 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water curtain /sheer descent Jobsite inspections Photos 6 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water feature water leak. Jobsite inspections Photos 7 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
PVC pipe should not be exposed to sunlight. Jobsite inspections Photos 8 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pv
PVC pipe should not be exposed to sunlight. Jobsite inspections Photos 9 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water curtain – water flows outside the water curtain / sheer descent wall into the side wall (tile) Water will find a path throughout the natural stone. Jobsite inspections Photos 10 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Covered patio / pool deck Jobsite inspections Photos 11 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
10’ 9 1/8” from wall to end of tile Right side of deck) Jobsite inspections Photos 12 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
10’ 9 3/8” from the wall to the end of tile (left side of deck) Jobsite inspections Photos 13 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Tile cut 1” and 7/8 wide right side of deck Jobsite inspections Photos 14 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
2” and 1/32 (right side) Jobsite inspections Photos 15 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
1” and 13/16 Jobsite inspections Photos 16 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Tile deck- negative slope Jobsite inspections Photos 17 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Tiles width is uneven / inconsistent Jobsite inspections Photos 18 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water feature / sheer descent Jobsite inspections Photos 19 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
End tile width right side of deck Jobsite inspections Photos 20 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
End tile width right side of deck Jobsite inspections Photos 21 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Covered patio has positive fall /drain but it drains into swimming pool Jobsite inspections Photos 22 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 23 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water ponding on deck corner / water drainage is reverse Jobsite inspections Photos 24 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pool equipment /no filter Jobsite inspections Photos 25 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Natural characteristics of the stone. Unable to verify any damage was done to the areas in the circles. Jobsite inspections Photos 26 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Refer to pic 27 Jobsite inspections Photos 27 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Efflorescence on tile Jobsite inspections Photos 28 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Efflorescence on tile Jobsite inspections Photos 29 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Popup head missing Jobsite inspections Photos 30 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 31 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 32 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 33 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 34 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 35 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Refer to pic 32,33,34,35 Manufacturer instructions Jobsite inspections Photos 36 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pebble tec discoloration Jobsite inspections Photos 37 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pebble tec discoloration Jobsite inspections Photos 38 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pebble tec discoloration Jobsite inspections Photos 39 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Pebble tec discoloration Jobsite inspections Photos 40 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Patio deck draining into pool Jobsite inspections Photos 41 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 42 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water ponding Jobsite inspections Photos 43 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water ponding ¼” Jobsite inspections Photos 44 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water ponding ¼” Jobsite inspections Photos 45 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Jobsite inspections Photos 46 Case No: Investigator: 2024-04212 Inspection Date: Albert Bernal #214 Inspection Time: 5/22/2024 Address 10:00 AM 10128 E Tillman Ave. Mesa AZ 85212
Water ponding / reverse drainage fall. Area draining water towards the block wall. Jobsite inspections Photos 47 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Refer to pic #46 water ponding ¼” Jobsite inspections Photos 48 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212
Water ponding Jobsite inspections Photos 49 Case No: 2024-04212 Investigator: Albert Bernal #214 Inspection Date: 5/22/2024 Inspection Time: 10:00 AM Address: 10128 E Tillman Ave. Mesa AZ 85212 Complainant: Noel Schneider 10128 E Tillman Ave. Mesa, AZ 85212
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: Quest Pool Company LLC DBA: PO Box 1884 QUEEN CREEK, AZ 85142
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 18, 2024
License No. ROC 338848
Re:Complaint No. 2024-04212
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 July 12, 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:
Complaint Item: 1 - Porcelain patio tiles run to concrete block wall, no expansion joints. Investigator’s Observation: Complaint item refers to the deck drainage. a) Verified. Pool deck areas inspected were ponding water exceeding the minimum industry standard "Puddles 2' in diameter or more and/or over 1/8" in
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 depth are unacceptable" This pool deck section was draining towards the perimeter right side block wall (back yard corner) *Respondent is to identify the areas where the deck drainage is incorrect and correct it to meet the Minimum industry standards. b) Expansion joints: Not verified. This is a tile patio deck (tiles were installed over a sand bed), no expansion joints are required. *No action required by the Respondent. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 2 - Aqua Storm water feature is leaking back of the wall, no dedicated port to operate, runs to main drain? Unpainted pipe Investigator’s Observation: a) Verified. The water feature was turned on by the Complainant and it was verified that water was leaking / zipping through the wall. Excessive water ponding was noted on the ground as well between the back wall (perimeter wall) and the water feature wall. *Respondent shall correct by the appropriate means. b) No dedicated port to operate: Not verified. I observed the Complainant turn the water feature on and off. I noted a dedicated pump (label –water fall showing the water flow direction).It appears the water feature has a dedicated pump and it was operating as intended. Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. *No action required by the Respondent. c) Run to main drain? This allegation is NOT verified. There is not sufficient evidence to verify this allegation as a violation of A.R.S. § 32-1154(A).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 d) Unpainted pipe: Verified. I noted that the return PVC line installed for the water feature was not painted and it was exposed to sunlight. This line is located on the back of the water feature wall. The Respondent is aware of the issue and agreed to correct it. *Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 3 - Porcelain decking installed uneven cuts and not level, sloped towards house creates water issue, gaps in joint. Investigator’s Observation: Verified. a) Porcelain decking installed uneven cuts: Verified. I noted that several tiles were cut uneven. These tiles were inconsistent in width measuring from 3/4" wide on the left side of the deck to approximately 2" wide on the right side of the deck. Tiles were located on the covered patio section adjacent to the bullnose pool tile. Tiles should be straight and even in width. *Respondent shall correct by the appropriate means. b) Porcelain decking not level, sloped towards house creates water issue: Verified. Tile decking was ponding water that exceeded the minimum industry standards, deck was draining into the pool interior, and towards the home (Concrete stem wall) in several deck areas that were inspected. The minimums industry standards states that "At the time of substantial completion all deck work should be sloped to drain to the exterior edge and/or to deck drains. Puddles 2' in diameter or more and/or over 1/8" in depth 20 minutes after the addition of water to the decks are unacceptable". Correct pool deck drain.
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 is to identify the areas where the deck drainage is incorrect and correct it to meet the Minimum industry standards. c) Gaps in joint: Not verified. Gaps in tile grout line and joints were consistent in all areas inspected. *No violation was found. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 6 - Aqua storm water feature, running on side of tiles and not straight down. Improper flow top of feature, not touching Investigator’s Observation: Verified. Water was not touching the water feature front surface (stone sheer storm wall) on the right side evenly. Adjust water storm feature for consistency. *Respondent shall correct by appropriate means Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 12 - Indoor cleaners keep coming out. Salt cell/infloor share a line. Investigator’s Observation: Verified. a) Indoor cleaners keep coming out. I noted that a pop up cleaner head was missing. *Respondent shall correct by appropriate means b) Salt cell/ infloor share a line: Complaint item referred to the salt cell installation. I noted that the salt cell was not installed as per manufacturer’s
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 installation instructions. Complainant provided documentation by HAYWARD (Manufacturer's installation instructions) Diagram #3 (flow switch) *Respondent shall correct and install the salt cell as per manufacturer’s installation instructions. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Complaint Item: 4 - No check valve between heater/salt chlorinator. Hayward will not warranty it without. Investigator’s Observation: This item was corrected prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 5 - Pony wall stucco damage Investigator’s Observation: Corrected by complainant prior to jobsite inspection. Governing Rule: Not Applicable
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 7 - No filter on the water feature. Investigator’s Observation: Filter on water storm feature is not required per code. No written record was provided at time of inspection that showed that this water feature system required a filter. Governing Rule: Not Applicable
Complaint Item: 8 - Feature wall damaged stone broken. Investigator’s Observation: Not Verified. Natural stone has its own individual characteristics. *No Action required by the Respondent Governing Rule: Not Applicable
Complaint Item: 9 - Ceramic tile on feature has white stains running down Investigator’s Observation: Conditions described are present; however, not verified as a violation of A.R.S. § 32-1154(A). *Grout discoloration. Some discoloration is inherent in all Portland cement based products. The potential for efflorescence exists in all portland cement- based products. Efflorescence is a salt that is left on the surface of concrete upon drying and is generally of only cosmetic concern in nature No action required by the Respondent. Governing Rule: Not Applicable
Complaint Item: 10 - Gas company upgraded meter but said heater pipe should be 3/4. Investigator’s Observation: Corrected by complainant prior to jobsite
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 inspection. Governing Rule: Not Applicable
Complaint Item: 11 - Programming issues with heater, throws error codes. Bypass issues Investigator’s Observation: Corrected by complainant prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 13 - Pebble Tec discoloration – This item was added at the jobsite inspection and both parties agreed to inspect. Investigator’s Observation: I Noted some discoloration of the pebble Tec on several areas of the pool floor. On email sent by the Complainant dated May 16/2024, the complainant stated that "as the Pebble Tec is less than two months old and is turning from blue to gray in several areas". It appears this is a maintenance issue, not a workmanship issue that can be verified as responsibility of the Respondent. Complainant stated that salt was added to the pool, However, no dates were provided as to when the salt was added to the pool by others. Conditions described are present; however, not verified as the responsibility of this Respondent. Governing Rule: Not Applicable
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Albert Bernal, Investigator #241 (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
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 Jobsite Inspection Notes
Case No.: 2024-04212 Investigator: Albert Bernal Inspection Date: Wednesday, May 22, 2024 Inspection Time: 10:00 AM
Jobsite Address: 10128 E Tillman Ave. Mesa, AZ 85212
Complainant: Noel Schneider Respondent: Quest Pool Company Not Present: LLC Mike Stocker Not Present:
Jobsite General Notes: This investigation was regarding the construction of a new swimming pool at the Complainant’s residence.
Complaint Item: 1 - Porcelain patio tiles run to concrete block wall, no expansion joints. Investigator’s Observation: Complaint item refers to the deck drainage. a) Verified. Pool deck areas inspected were ponding water exceeding the minimum industry standard "Puddles 2' in diameter or more and/or over 1/8" in depth are unacceptable" This pool deck section was draining towards the perimeter right side block wall (back yard corner) *Respondent is to identify the areas where the deck drainage is incorrect and correct it to meet the Minimum industry standards. b) Expansion joints: Not verified. This is a tile patio deck (tiles were installed over a sand bed), no expansion joints are required. *No action required by the Respondent.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 2 - Aqua Storm water feature is leaking back of the wall, no dedicated port to operate, runs to main drain? Unpainted pipe Investigator’s Observation: a) Verified. The water feature was turned on by the Complainant and it was verified that water was leaking / zipping through the wall. Excessive water ponding was noted on the ground as well between the back wall (perimeter wall) and the water feature wall. *Respondent shall correct by the appropriate means. b) No dedicated port to operate: Not verified. I observed the Complainant turn the water feature on and off. I noted a dedicated pump (label –water fall showing the water flow direction).It appears the water feature has a dedicated pump and it was operating as intended. Unable to verify, no evidence to prove or disprove complaint item constitutes poor work. *No action required by the Respondent. c) Run to main drain? This allegation is NOT verified. There is not sufficient evidence to verify this allegation as a violation of A.R.S. § 32-1154(A). d) Unpainted pipe: Verified. I noted that the return PVC line installed for the water feature was not painted and it was exposed to sunlight. This line is located on the back of the water feature wall. The Respondent is aware of the issue and agreed to correct it. *Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 3 - Porcelain decking installed uneven cuts and not level, sloped towards house creates water issue, gaps in joint. Investigator’s Observation: Verified. a) Porcelain decking installed uneven cuts: Verified. I noted that several tiles were cut uneven. These tiles were inconsistent in width measuring from 3/4" wide on the left side of the deck to approximately 2" wide on the right side of the deck. Tiles were located on the covered patio section adjacent to the bullnose pool tile. Tiles should be straight and even in width. *Respondent shall correct by the appropriate means. b) Porcelain decking not level, sloped towards house creates water issue: Verified. Tile decking was ponding water that exceeded the minimum industry standards, deck was draining into the pool interior, and towards the home (Concrete stem wall) in several deck areas that were inspected. The minimums industry standards states that "At the time of substantial completion all deck work should be sloped to drain to the exterior edge and/or to deck drains. Puddles 2' in diameter or more and/or over 1/8" in depth 20 minutes after the addition of water to the decks are unacceptable". Correct pool deck drain. *Respondent is to identify the areas where the deck drainage is incorrect and correct it to meet the Minimum industry standards. c) Gaps in joint: Not verified. Gaps in tile grout line and joints were consistent in all areas inspected. *No violation was found. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complaint Item: 6 - Aqua storm water feature, running on side of tiles and not straight down. improper flow top of feature, not touching Investigator’s Observation: Verified. Water was not touching the water feature front surface (stone sheer storm wall) on the right side evenly. Adjust water storm feature for consistency. *Respondent shall correct by appropriate means Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
Complaint Item: 12 - Indoor cleaners keep coming out. Salt cell/infloor share a line. Investigator’s Observation: Verified. a) Indoor cleaners keep coming out. I noted that a pop up cleaner head was missing. *Respondent shall correct by appropriate means b) Salt cell/ infloor share a line: Complaint item referred to the salt cell installation. I noted that the salt cell was not installed as per manufacturer’s installation instructions. Complainant provided documentation by HAYWARD (Manufacturer's installation instructions) Diagram #3 (flow switch) *Respondent shall correct and install the salt cell as per manufacturer’s installation instructions. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
ITEMS NOT REQUIRING CORRECTION:
Complaint Item: 4 - No check valve between heater/salt chlorinator. Hayward will not warranty it without. Investigator’s Observation: This item was corrected prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 5 - Pony wall stucco damage Investigator’s Observation: Corrected by complainant prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 7 - No filter on the water feature. Investigator’s Observation: Filter on water storm feature is not required per code. No written record was provided at time of inspection that showed that this water feature system required a filter. Governing Rule: Not Applicable
Complaint Item: 8 - Feature wall damaged stone broken. Investigator’s Observation: Not Verified. Natural stone has its own individual characteristics. *No Action required by the Respondent Governing Rule: Not Applicable
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: 9 - Ceramic tile on feature has white stains running down Investigator’s Observation: Conditions described are present; however, not verified as a violation of A.R.S. § 32-1154(A). *Grout discoloration. Some discoloration is inherent in all Portland cement based products. The potential for efflorescence exists in all portland cement- based products. Efflorescence is a salt that is left on the surface of concrete upon drying and is generally of only cosmetic concern in nature No action required by the Respondent. Governing Rule: Not Applicable
Complaint Item: 10 - Gas company upgraded meter but said heater pipe should be 3/4. Investigator’s Observation: Corrected by complainant prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 11 - Programming issues with heater, throws error codes. Bypass issues Investigator’s Observation: Corrected by complainant prior to jobsite inspection. Governing Rule: Not Applicable
Complaint Item: 13 - Pebble Tec discoloration – This item was added at the jobsite inspection and both parties agreed to inspect. Investigator’s Observation: I Noted some discoloration of the pebble Tec on several areas of the pool floor. On email sent by the Complainant dated May 16/2024, the complainant stated that "as the Pebble Tec is less than two months old and is turning from blue to gray in several areas". It appears this is a maintenance issue, not a workmanship issue that can be verified as responsibility of the Respondent. Complainant stated that salt was added to the
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
pool, However, no dates were provided as to when the salt was added to the pool by others. Conditions described are present; however, not verified as the responsibility of this Respondent. Governing Rule: Not Applicable
Albert Bernal, Investigator #241 (480) 493-7742 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
7/12/24, 12:13 PM State of Arizona Mail - Re: Schneider Residence
Lazaro Bernal <[email redacted]>
Re: Schneider Residence message
Lazaro Bernal <[email redacted]> Wed, Jul 10, 2024 at 9:16 AM To: "Quest Pool Co." <[email redacted]>
Good morning. The due date on the written directive is the date when the corrective work has to be completed. If an extension is needed you can request it, and I can be reviewed for approval. The ROC considers that if significant progress is made during the directive period to complete the work, either party may request the directive be extended to facilitate completion of corrective work. If no work has been completed, and you need an extension, submit the request with a brief explanation so it can be reviewed as well. Respectfully, Albert Bernal.
On Tue, Jul 9, 2024 at 1:29 PM Quest Pool Co. <[email redacted]> wrote: Good afternoon,
We have received the directive list and are moving our schedules around to fulfill and complete the list. The directive states to respond by the 12th and I just want to clarify that the work does not need to be done by the 12th? As we have many projects active we do not want to inconvenience the homeowner during the summer. If you can please let us know as we are currently coordinating our trades to send to homeowner so we can fit the small tasks in and finalize the project.
Thank you.
Quest Pool Company LLC Quest Landscape & Design LLC ROC #338848/338103 PO Box 1884 Queen Creek, AZ 85142 Designer | Estimator / Jessee S. Office / (480) 477-8832
Finance your dream backyard with our trusted lending partners! https://www.lyonfinancial.net/dealer/quest-pool-company-az/ https://www.hfsfinancial.net/promo/64cbd0effc86a88c24672b40
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Albert Bernal Investigator #214 AZ Registrar of Contractors 1700 W Washington St. Ste 105 Phoenix, AZ 85007 Office: (602) 771-6752 Cell Phone (480) 493-7742
Email: [email redacted]
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r6924356780794605972… 1/2 7/12/24, 12:13 PM State of Arizona Mail - Re: Schneider Residence Hours: Mon.- Fri. 0800-1700
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https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-a:r6924356780794605972… 2/2 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Noel Schneider, Case No. 2024-04212 COMPLAINANT, v.
Quest Pool Company LLC, CITATION License No. ROC 338848,
RESPONDENT.
The Registrar issues this Citation to Quest Pool Company LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 2, 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 11, 2024, Noel Schneider (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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 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. 2024-04212. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 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
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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 2, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after 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-
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 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated July 18, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 18, 2024 to:
Respondent Certified Mail No: [number redacted]
Quest Pool Company LLC PO Box 1884 Queen Creek, AZ 85142 Copy mailed by USPS First Class Mail this same date to: Respondent Quest Pool Company LLC PO Box 1884 Queen Creek, AZ 85142 Complainant Noel Schneider 10128 E Tillman Ave Mesa, AZ 85212
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. 2024-04212
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 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)
Noel Schneider Mailing Address (Enter jobsite in Contract/Project section) City State Zip
10128 E Tillman Ave. Mesa Arizona 85212 Phone Number Email
(714) 309-7601 [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)
Quest Pool Company LLC ROC 338848 Street Address City State Zip
PO Box 1884 QUEEN CREEK AZ 85142 Phone Number Email
[number redacted] [email redacted] Name of Person(s) Representing License
Mike Stocker Contract/Project Information Contract Date Contract Amount Amount Paid
May 18, 2023 $102,498.36 $95,218.79 Date Work Started Date Work Stopped Date Work Was Completed
June 15, 2023 April 10, 2024 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
10128 E Tillman Ave. Mesa AZ 85212 Name of Construction Site Owner Construction Site Name (if applicable)
Scott & Noel Schneider Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 3 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 Oral This project was Residential This project involved Other New pool build /landscape A building permit was obtained by Contractor PMT23-08770 Mesa 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)
Allegations Listed on Complaint:
Porcelain patio tiles run to concrete block wall, no expansion joints.
Aqua Storm water feature is leaking back of the wall, no dedicated port to operate, runs to main drain? Unpainted pipe
Porcelain decking installed uneven cuts and not level, sloped towards house creates water issue, gaps in joint.
No check valve between heater/salt chlorinator. Hayward will not warranty it without.
Pony wall stucco damage
Aqua storm water feature, running on side of tiles and not straight down., improper flow top of feature, not touching
No filter on the water feature.
Feature wall damaged stone broken.
Ceramic tile on feature has white stains running down
Gas company upgraded meter but said heater pipe should be 3/4.
Programming issues with heater, throws error codes. Bypass issues
Indoor cleaners keep coming out. Salt cell/infloor share a line.
Signature
RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
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
Noel Schneider \complainant1\ \complainantd1\
RCC099 12/05/18 Page 3 of 3 4/15/24, 4:37 PM State of Arizona Mail - Re: 2024-04212
Lazaro Bernal <[email redacted]>
Re: 2024-04212 message
Noel Schneider <[email redacted]> Mon, Apr 15, 2024 at 4:11 PM To: [email redacted]
Good Afternoon Albert,
I received the previous email and we will gladly comply with whatever is required. We have some concerns as to process and what can be done and maybe you can help us in moving forward. First, if there is any way to move up a meeting date? We know you are a busy person but the issues are one that we have already tried to address with them and they have not fixed after several attempts. We are previous pool owners and a little savvy as to how things should be in regards to setup and workmanship. We are not coming from a scenario where the builder is done and we are just not happy with their work and coming to you as a first step. Rather, they have made several attempts to correct the issue and several items are still incorrect and the way things have been installed are void of our warranty. It seems at a stand still with Mike the builder and he is adamant about the job being done. The previous information you sent states for us to give Mike access to our property to address the issues but we are already in disagreement. We would feel more comfortable meeting and going over what is to code as there are concerns about what’s standard for the industry and what is not. We have safety concerns especially on the wall as it was reworked several times and has major issues and not done on the front end to spec and code. Engineering did not include additional bricks to be mounted on the front end. We will gladly allow Mike to come back over to the property but its a difference of opinion. We would love to chat with you briefly and will go along with whatever you suggest on the best appropriate way to get this all resolved. …………….. Water Feature is leaking and not right and reworked several times. The front of the feature is the safety concern as there was a front section added and is not secure and is leaking from the back and the front doesn’t fall correctly. This is a 6 foot X 12 feet long water feature. The tiles are starting to come forward as if they are lifting off? It is not safe to operate at this time, I am very concerned. We are not utilizing the pool at all during this time.
Decking and tile is not laid right but the builder called it out to his sub but the installer said they were not going to correct it.
Plumbing for the heater and no check valves, and the water feature, needs own dedicated line, based on size?? Mike says it is not an issue but Hayward will void the warranty as is and they have told me that in writing.
I am willing to submit a few photos or videos to you prior to site visit if necessary.
Thanks for all your help. I look forward to hearing from you soon. Please advise and I am willing to send Mike at Quest an invite to revisit the site.
Noel Schneider 714-309-7601
Sent from my iPad
https://mail.google.com/mail/u/0/?ik=20fc683d77&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]… 1/1 Received 8/1/2024 ROC Legal
Julianne C. Wheeler (No. 011795) E-mail: [email redacted] WHEELER LAW GROUP, PLLC 1490 S. Price Road, Suite 203 Chandler, AZ 85286-6800 Telephone: 602-885-7485 AZTurboCourt E-service and Court Documents: [email redacted] Attorneys for Respondent Quest Pool Company LLC IN THE OFFICE OF THE REGISTRAR OF CONTRACTORS NOEL SCHNEIDER, an individual Case No.: 2024-04212 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT vs. QUEST POOL COMPANY LLC, an Arizona limited liability company
Respondent. Respondent, Quest Pool Company LLC. (“Quest”), for its Written Answer to the Citation and Complaint, admits, denies and alleges as follows: 1. In answer to Charge 1 of the Citation and Complaint, Quest denies that it violated A.R.S. § 32-1154(A)(3) or R4-9-108(A) and affirmatively alleges that Complainant refused to provide Respondent with access to the Project Work before and after filing the Complaint, thereby creating all or most of the workmanship issues identified in the Work Directive. Further, Complainant refused to authorize her lender to submit payment to Quest. 2. In answer to Charge 2 of the Citation and Complaint, Quest denies that it violated A.R.S. § 32-1154(A)(22) and affirmatively alleges that Complainant admittedly denied access to the Project Work. The April 15, 2024 email to Albert Bernal attached Received 8/1/2024 ROC Legal
to the Citation proves that, even after being advised by Mr. Bernal that Quest was to have access to her property to address the issues, Complainant refused to provide access and insisted on first having a meeting with Mr. Bernal “and going over what is to code,” and “chatting” with Mr. Bernal for to decide how the corrective work was to be performed. Complainant refused to permit Quest to repair the work by appropriate means and insisted on mandating means and methods in violation of the Registrar’s rules and policies. WHEREFORE, having fully answered the Citation and Complaint, Respondent
Quest Pool Company, LLC respectfully requests that, following the hearing to be set by the Registrar, the Complaint be dismissed. RESPECTFULLY SUBMITTED this 1st day of August, 2024.
WHEELER LAW GROUP, PLLC
/s/ Julianne C. Wheeler Julianne C. Wheeler Attorneys for Respondent Quest Pool Company LLC PDF of the foregoing efiled this 1st day of August, 2024, with the Office of Administrative Hearings: COPY of the foregoing emailed this same day to: Registrar of Contractors of the State of Arizona 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 P.O. Box 18244, Phoenix, AZ 85005-8244 [email redacted] COPY of the foregoing emailed this same day to:
Received 8/1/2024 ROC Legal
Complainant Noel Schneider 10128 E. Tillman Ave. Mesa, AZ 85212 [email redacted] /s/ T. Chavez
Received 8/1/24, 4:14 PM State of Arizona Mail - EFILED with ROC: 2024 08 01: Written Answer to Citation and Complaint (Noel Schneider): 2024-04212 8/1/2024 ROC Legal
Answers - AZROC <[email redacted]>
EFILED with ROC: 2024 08 01: Written Answer to Citation and Complaint (Noel Schneider): 2024-04212 message
Thomas Chavez <[email redacted]> Thu, Aug 1, 2024 at 4:04 PM To: "[email redacted]" <[email redacted]> Cc: Julianne Wheeler <[email redacted]>, "[email redacted]" <[email redacted]>
Good Afternoon,
Please find attached. Thank you.
Respectfully Yours,
PLEASE NOTE OUR NEW ADDRESS
Thomas Chavez
Paralegal to Julianne C. Wheeler
1490 S. Price Rd. Suite 203
Chandler, AZ 85286
Cell (602) 824-8146
[email redacted]
2024 08 01 Answer to Noel Schneider Complaint.pdf 169K
https://mail.google.com/mail/b/AEoRXRQOGrFOTAizN7l8tM8bGnsq5oZDLdTSBKvGmUdIsy-6wh7y/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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