2024A-04309-CHC-ROC Notice of Hearing & Packet MAILED

2024A-04309-CHC-ROC · Registrar of Contractors · 2024-08-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steven Walter Szymanski , Case No. 2024-04309

COMPLAINANT, Docket No. 2024A-04309-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Magnolia Home Builder PLLC License No. ROC 322613,

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

HEARING INFORMATION The hearing is set for:

October 17, 2024 9:00 AM Kay Abramsohn Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on July 30, 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 30, 2024.

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

Copy mailed via USPS First Class mail August 30, 2024 to:

Respondent(s) Magnolia Home Builder PLLC 13794 W Waddell Rd Ste.203 190 Surprise, AZ 85379

Complainant(s) Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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. 2024-04309 /

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: Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379

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 12, 2024

License No. ROC 322613

Re:Complaint No. 2024-04309

AMMENDED 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 Friday, 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 - Vinyl flooring not performing correctly. Some areas are lifting, some are separating. Making popping noises as you walk. Investigator’s Observation: Verified. At the time of this inspection, there were several areas in the home that exhibited signs of poor installation. There were areas of cupping/peaking, areas of hollow contact with the substrate, and some areas separating at the joints. The Respondent stated that this was a Floating LVP Floor system, and that the subcontractor (Mic Mar) was responsible for the integrity of the installation. The subcontractor (Mic Mar) stated that they did not initiate the Substrate Prep, and produced a signed "Subfloor Prep Waiver." The Respondent acknowledged that they performed the Subfloor Prep. All Parties acknowledged that the Respondent (GC) inspected and accepted the Floating LVP Floor Installation performed by the subcontractor (Mic Mar) ,per "Surface acceptance," and continued the project with the Baseboard installation and the Fireplace Stacked Stone installation. I substantiated the fact of "Fireplace Stacked Stone too

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 tight on flooring," I was not able to slide a card 1/32" underneath the Floor/stacked stone junction. This would impede the "Floating Floors" ability to expand and contract, resulting in the failure of the installation. REF:(P)1 through (P)5. 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 - Walkable 2nd floor deck holding water excessively exceeding ROC guidelines of 1/2" and 48 hours Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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 - Flat roof holding water in excess of ROC guidelines of 1/2" and 48 hrs. Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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: 5 - Numerous walls are out of square/plumb Investigator’s Observation: Verified. At the time of this inspection, there were areas in the Spare Bedroom, Master bedroom Hallway, Master Bedroom En Suite entrance that had out of square walls. The Respondent acknowledged the allegations, and stated that they would make the corrections. REF:(P)6 through (P)9. 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 - Butler’s Pantry Cabinets not built according to specs. Coffee Cabinet doors do not slide in as plans. Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. Through the Written Directive Process, the Complainant elected to disregard this Complaint Item, and does not want the Respondent to initiate any corrections on the cabinetry in the Butler Pantry Area.

Governing Rule: Not Applicable

Complaint Item: 6 - Main Bedroom Closet not built per plan. Investigator’s Observation: Not able to determine at this time. 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 - Concrete floor not prepped properly prior to installing floor. Investigator’s Observation: Not able to determine at this time. The subfloor was not exposed/open for inspection. Governing Rule: Not Applicable

Complaint Item: 8 - 3 rooms of the house are warmer than the rest of house. Temp drop is only -12 Investigator’s Observation: Not able to determine at this time. Governing Rule: Not Applicable

Complaint Item: 9 - Island trim still not finished after counter replacement as agreed upon during prior ROC visit Investigator’s Observation: No correction needed, within the Minimum Workmanship standards. Governing Rule: Not Applicable

Complaint Item: 10 - Exterior window trim still not completely cleaned. Stucco, Paint never removed Investigator’s Observation: Not able to determine at this time. Governing Rule: Not Applicable

Complaint Item: 11 - Interior and Exterior doors need adjusting. Cabinet drawers need adjusting. No follow up after move in Investigator’s Observation: At the time of this inspection, the Respondent made the necessary adjustments. Governing Rule: Not Applicable

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

Sincerely,

John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-04309 (CJSI) Investigator: John Peru Inspection Date: Monday, July 22, 2024 Inspection Time: 08:30 AM

Compliance Jobsite General Notes: Photos were taken with my agency issue Google Cell Phone. Audio was recorded with my Agency issue Olympus DM-720. Photos and recordings have been uploaded into the case file.

On 07/22/2024, at approximately 0830 hours, I conducted a Compliance Jobsite Inspection at the Home of Steve Szymanski per his complaint against Magnolia Home Builders PLLC. The Complainant was present for this Inspection. The Respondent was present for this Inspection.

The nature of this complaint is in regards to construction of a New Home; specifically, the incomplete status and Workmanship disputes per contract.

Compliance Findings: Compliance Item (1)/ Compliance Item (5); not within compliance per Written Directive at this time.

Compliance Item: 1 - Vinyl flooring not performing correctly. Some areas are lifting, some are separating. Making popping noises as you walk. Investigator’s Observation: Verified. At the time of this Compliance Jobsite Inspection, there were (2 Vinyl Planks separated); In Kitchen, front of the dishwasher/one in the Game Room, near Base Cabinetry.) Both of the planks were separated on the short tongue and groove side. Additionally, the T-molding located at the Front Entry Threshold was not flush/installed appropriately. Furthermore, the Scribe Molding on the Base Cabinet in the Game Room/left side of wall, was removed and not re-installed, and the Scribe Molding along the Toe-Kick was cut too short. REF: (P) 10. (P) 11, (P) 12, (P)13.

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 C013 12/23 Compliance Item: 5 - Numerous walls are out of square/plumb Investigator’s Observation: Verified. At the time of this Compliance Jobsite Inspection, the Short Wall in the Master Bedroom/ Master Bathroom, was measured to be ½” out of square.

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.

Compliance Item: 2 - Walkable 2nd floor deck holding water excessively exceeding ROC guidelines of 1/2" and 48 hours

Investigator’s Observation: At the time of this Compliance Jobsite Inspection, the Complainant flooded the roof. The areas of concern were measured, and were within the ROC Workmanship Standards; ½”/ less than 1/3 span of the roof. REF: (P) 1 through (P) 7. N/A

Compliance Item: 3 - Flat roof holding water in excess of ROC guidelines of 1/2" and 48 hrs.

Note: Compliance Findings: Compliance Item (1)/ Compliance Item (5); not within compliance per Written Directive at this time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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

C012 12/23 Respondent: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379

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

C012 12/23 July 15, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-04309

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Monday, July 22, 2024 at 08:30 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

C012 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Complainant: Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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: Magnolia Home Builder PLLC DBA: 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379

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

Re: Complaint No. 2024-04309

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, June 24, 2024 at 1:30 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. Inspection will be in regards to:

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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

John Peru, Investigator #224 602 7716743 [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 C008 12/23 A Guide to Jobsite Inspections

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

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

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

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

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

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

What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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: Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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 22, 2024

Re: Complaint No. 2024-04309

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 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.

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,

John Peru John Peru, Investigator #224 602 7716743 [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 C008 12/23 A Guide to Jobsite Inspections

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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: Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338

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 322613

Re:Complaint No. 2024-04309

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

Compliance Item: 1 - Vinyl flooring not performing correctly. Some areas are lifting, some are separating. Making popping noises as you walk. Investigator’s Observation: At the time of this inspection, there were several areas in the home that exhibited signs of poor installation. There were areas of cupping/peaking, areas of hollow contact with the substrate, and some areas separating at the joints. The Respondent stated that this was a Floating LVP Floor system, and that the

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 subcontractor (Mic Mar) was responsible for the integrity of the installation. The subcontractor (Mic Mar) stated that they did not initiate the Substrate Prep, and produced a signed "Subfloor Prep Waiver." The Respondent acknowledged that they performed the Subfloor Prep. All Parties acknowledged that the Respondent (GC) inspected and accepted the Floating LVP Floor Installation performed by the subcontractor (Mic Mar), per "Surface acceptance," and continued the project with the Baseboard installation and the Fireplace Stacked Stone installation. I substantiated the fact of "Fireplace Stacked Stone too tight on flooring," I was not able to slide a card 1/32" underneath the Floor/stacked stone junction. This would impede the "Floating Floors" ability to expand and contract, resulting in the failure of the installation. REF :( P) 1 through (P) 5. 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.

Compliance Item: 2 - Walkable 2nd floor deck holding water excessively exceeding ROC guidelines of 1/2" and 48 hours Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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.

Compliance Item: 3 - Flat roof holding water in excess of ROC guidelines of 1/2" and 48 hrs. Investigator’s Observation: At the time of this Inspection both parties

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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.

Compliance Item: 4 - Butler’s Pantry Cabinets not built according to specs. Coffee Cabinet doors do not slide in as plans. Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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.

Compliance Item: 5 - Numerous walls are out of square/plumb Investigator’s Observation: At the time of this inspection, there were areas in the Spare Bedroom, Master bedroom Hallway, Master Bedroom En Suite entrance that had out of square walls. The Respondent acknowledged the allegations, and stated that they would make the corrections. REF :( P) 6 through (P) 9. 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.

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

Compliance Item: 6 - Main Bedroom Closet not built per plan. Investigator’s Observation: Not able to determine at this time. Governing Rule: N/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 Compliance Item: 7 - Concrete floor not prepped properly prior to installing floor. Investigator’s Observation: Not able to determine at this time. The subfloor was not exposed/open for inspection. Governing Rule: N/A

Compliance Item: 8 - 3 rooms of the house are warmer than the rest of house. Temp drop is only -12 Investigator’s Observation: Not able to determine at this time. Governing Rule: N/A

Compliance Item: 9 - Island trim still not finished after counter replacement as agreed upon during prior ROC visit Investigator’s Observation: No correction needed, within the Minimum Workmanship standards. Governing Rule: N/A

Compliance Item: 10 - Exterior window trim still not completely cleaned. Stucco, Paint never removed Investigator’s Observation: Not able to determine at this time. Governing Rule: N/A

Compliance Item: 11 - Interior and Exterior doors need adjusting. Cabinet drawers need adjusting. No follow up after move in Investigator’s Observation: At the time of this inspection, the Respondent made the necessary adjustments. Governing Rule: N/A

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

Sincerely,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 2024-04309 CJSI 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)1 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)2 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)3 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)4 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)5 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)6 2024-04309 CJSI Foam Roof 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)7 2024-04309 CJSI Spare B-room Corner 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)8

Within ¼” 2024-04309 CJSI Master Bedroom/ Bath Corner 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)9

Within ¼” 2024-04309 CJSI Floor Plank separated 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)10

Game Room 2024-04309 CJSI Floor Plank separated 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)11

Kitchen(in front of Dishwasher) 2024-04309 CJSI Floor Trim at the Entry Door 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)12

Out of alignment 2024-04309 CJSI Floor Trim at the Entry Door 11071 S Santa Columbia Dr. Goodyear, AZ 85338. 07/22/2024 @ approximately 0830 hours (P)13 2024-04309 JSI 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. 2024-04309 JSI LVP Flooring 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)1 2024-04309 JSI LVP Flooring 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)2 2024-04309 JSI LVP Flooring 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)3 2024-04309 JSI LVP Flooring too tight 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)4 2024-04309 JSI LVP Flooring too tight 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)5 2024-04309 JSI out of square walls. 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)6 2024-04309 JSI out of square walls. 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)7 2024-04309 JSI out of square walls. 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)8 2024-04309 JSI out of square walls. 11071 S Santa Columbia Dr. Goodyear, AZ 85338 05/08/2024 @ approximately 0930 hours. (P)9 Jobsite Inspection Notes

Case No.: 2024-04309 Investigator: John Peru Inspection Date: Thursday, May 9, 2024 Inspection Time: 09:30 AM

Jobsite Address: 11071 S Santa Columbia Dr. Goodyear, AZ 85338

Complainant: Steven Walter Respondent: Magnolia Home Szymanski Builder LLC. Present Present

Jobsite General Notes: Photos were taken with my agency issue Google Cell Phone. Audio was recorded with my agency issue Olympus DM-720. Photos and recordings have been uploaded into the case file.

On 05/08/2024, at approximately 0930 hours, I conducted a Jobsite Inspection at the Home of Steve Szymanski per his complaint against Magnolia Home Builder LLC. The Complainant was present for this Inspection. The Respondent and the Subcontractor was present for this Inspection(Christine Miller/Seth Miller), (Mike Jenks/ Andrea Ybarra; MicMar).

The nature of this complaint is in regards to construction of a New Home; specifically, the incomplete status and Workmanship disputes per contract.

The Subcontractor (Mic Mar) stated that they did not initiate the Substrate Prep, and produced a signed "Subfloor Prep Waiver." The Respondent acknowledged that they performed the Subfloor Prep. All Parties acknowledged that the Respondent (GC) inspected and accepted the Floating LVP Floor Installation performed by the subcontractor (Mic Mar), per "Surface acceptance," and continued the project with the Baseboard installation and the Fireplace Stacked Stone installation. I substantiated the fact of "Fireplace Stacked Stone too tight on flooring," I was not able to slide a card 1/32" underneath the Floor/stacked stone junction. This would impede the "Floating Floors" ability to expand and contract, resulting in the failure of the installation. REF :( P) 1 through (P) 5. 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.

Complaint Item: 4 - Butler’s Pantry Cabinets not built according to specs. Coffee Cabinet doors do not slide in as plans. Investigator’s Observation: At the time of this Inspection both parties acknowledged the allegations, and the Respondent has agreed to inspect and make all necessary repairs. 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.

Complaint Item: 5 - Numerous walls are out of square/plumb Investigator’s Observation: Verified. At the time of this inspection, there were areas in the Spare Bedroom, Master bedroom Hallway, Master Bedroom En suite entrance that had out of square 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

walls. The Respondent acknowledged the allegations, and stated that they would make the corrections. REF :( P) 6 through (P) 9. 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.

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 6 - Main Bedroom Closet not built per plan. Investigator’s Observation: Not able to determine at this time. Governing Rule: Not Applicable

Complaint Item: 7 - Concrete floor not prepped properly prior to installing floor. Investigator’s Observation: Not able to determine at this time. The subfloor was not exposed/open for inspection. Governing Rule: Not Applicable

Complaint Item: 8 - 3 rooms of the house are warmer than the rest of house. Temp drop is only -12 Investigator’s Observation: Not able to determine at this time. Governing Rule: Not Applicable

Complaint Item: 10 - Exterior window trim still not completely cleaned. Stucco, Paint never removed Investigator’s Observation: Not able to determine at this time. Governing Rule: Not Applicable

John Peru, Investigator #224 602 7716743 [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

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Steven Walter Szymanski Case No. 2024-04309 COMPLAINANT, v. Magnolia Home Builder PLLC CITATION License No. ROC 322613,

RESPONDENT.

The Registrar issues this Citation to Magnolia Home Builder PLLC (“Respondent”)

under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 14, 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 13, 2024, Steven Walter Szymanski (“Complainant”) filed a written complaint

with the Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04309. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 14, 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

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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 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 Registrar.

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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 Dated July 30, 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, July 30, 2024 to:

Respondent Certified Mail No: [number redacted]

Magnolia Home Builder PLLC 13794 W Waddell Rd, #Ste 203-190 Surprise, AZ 85379 Copy mailed by USPS First Class mail this same date to:

Magnolia Home Builder PLLC 13794 W Waddell Rd Ste 203 190 Surprise, AZ 85379 Complainant Steven Walter Szymanski 11071 S Santa Columbia Drive Goodyear, AZ 85338 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. 2024-04309 / 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

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

Steven W Szymanski

RCC099 12/05/18 Page 3 of 3 Received Legal 8/14/2024

To: REGISTRAR OF CONTRACTORS

From: MAGNOLIA HOME BUILDER PLLC

RE: COMPLAINT # 2024-04309

Our office is in possession of the CITATION Notice issued by John Peru.

We are writing in response to this complaint in order to dispute the investigators findings based on the following:

MHB in full good faith despite having paid another licensed installer who was not held accountable for the installation due to baseboards being installed atop their floor, we removed the complainants entire existing lvp flooring throughout entire home (excluding tiled areas). Updated and performed extensive sub-floor corrections, purchased and reinstalled not only brand new flooring but MHB also paid for and provided a vapor barrier not originally charged to complainant.

In full good faith this work was performed with sincere desire to resolve the previously installed flooring. Upon completion of the install, we performed a walk through of the home and found all planks installed as required in compliance, in addition we asked the clients to confirm the install met their satisfaction as well, after performing some caulking they confirmed they were satisfied with the installation.

Upon completion of the flooring installation the complainant was then told they could move all their items back into the home. This includes but is not limited to a pool table and large pin ball machine in the game room where a plank was then discovered to be loose AFTER our walk through altered from how it was originally installed. Received Legal 8/14/2024

As for the Molding at the entry door, the vendor for the product selected requires that a minimum of 1/4" be provided at the perimeter of the flooring, the doors as installed at the clients home in order to accommodate the 1/4" gap. This gap was left in compliance to this requirement, to properly finish the install we provided as recommended by manufacturer a Transitional Molding (t-mold) that allowed that gap to be present ensuring the floor performs as required. This transitional molding with the vendor client selected materials for offers an 8-0 (96") t-mold for such an installation. This T-Mold is required and during installation we had to install with a seam in order to go the full distance of the entry door, the side light windows installed at ground level have a wall installed around the jamb of the door and in between the windows. This jamb finishes out at a different depth then the 2 side light windows and door. As a result, in order to accommodate the 1/4" gap required by manufacturer we purchased out of pocket and installed the available T-Molding available by the vendor of client selected materials.

Given the unique layout of this wall, combined with the limited options of sized T-Molding we do not see where this install is out of compliance of AZROC Workmanship Standards having been installed in full Compliance of the manufacturers guidelines. We ask that the AZROC confirm and site what specific Workmanship Standard is found to be out of compliance for this installation given that the AZROC Workmanship Standards for such installs states, " Received Legal 8/14/2024

Our company has worked in good faith as far as the wall that was called out of plum. There were a total of three spaces that were given to us to resolve. We resolved each of these locations without incident upon the compliance inspection however, the complainant called out the opposite side of an adjoining wall not originally included in the directive. We are taking the position that this is in fact a new item which would warrant a directive, with opportunity to correct by appropriate means vs a citation.

In both incidence of the citations issued-each item would easily qualify for a simple correction that we feel would be warranted again, given the extraordinary effort put forth after we completely removed entire floor invested and purchased all new flooring with upgraded vapor barrier and addressed each of the three areas that were slightly out of compliance, these areas are now in fact in compliance to the directive as issued.

We ask for a reconsideration on this matter so as to not cause any more undue financial harm to our company as we believe is the complainants motive which has been fully supported by way of the complainant and their AZROC consultants actual end objective. The clients initially suggested that we simply give them $25,000 in lieu of making any repairs. We truly feel that while we were in good faith trying to resolve the directive and actual items of concern the clients who had repeatedly refused to allow us to perform the repairs outside of filing the AZROC complaint in fact we had offered to- address these items well before the ROC complaint was filed in fact, prior to their occupancy, the clients at each opportunity refuse to allow us to perform the work we simply don’t feel that the clients are acting in good faith, and the register of contractor inspection has catered to their overall desire to result in gaining financial benefit from this matter versus actually allowing proper resolve to warranted repairs that we have never received to address again in good faith, we have consistently not only offered to make the repairs, but have now done so in good faith, having invested the time and financial resources to resolve this matter

We simply want the opportunity to cure as would be appropriate in this matter and do not agree that the investigation was kept in inspecting those items specifically called out in the directive as would be prudent.

We thank you for your time and consideration.

Zac Miller Christine Miller _a"ba>=;ÿ"?B=?ÿ<E c@'@%ÿ-Wÿ<4/J-,'ÿE'/.ÿOÿQ%&I-,&%ÿ8/@'@/-,ÿ?=A?d Received Legal 8/14/2024

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#39;/.a1a<e-QfQg^3h0MK.?6iSj$_h<D_-j(D%?-kL$/f/>Wle:_l-kVlRRia2a?am/Xn3A'W%1%3'doK/%NnI@o&%'480n'..oI%4p "a" 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