2024A-04699-CHC-ROC Notice of Hearing & Packet MAILED 2024-04699.pdf

2024A-04699-CHC-ROC · Registrar of Contractors · 2024-07-31

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sandra Chambers , Case No. 2024-04699

COMPLAINANT, Docket No. 2024A-04699-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Arizona Restoration Pros Inc. License No. ROC 327728,

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

HEARING INFORMATION The hearing is set for:

September 16, 2024 1:00 PM Sondra Vanella 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 9, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(c) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 3 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 31, 2024.

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

Copy mailed via USPS First Class mail July 31, 2024 to:

Respondent(s) Arizona Restoration Pros Inc. 1695 W Sahuaro Dr. Tucson, AZ 85745

Complainant(s) Sandra Chambers 13611 S sundown Ranch Rd Vail, AZ 85641

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. 2024-04699 /

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: Sandra Chambers 13611 S sundown ranch road Vail, AZ 85641

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Arizona Restoration Pros LLC 1601 S Pantano Rd Unit 107 Tucson, AZ 85710

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 24, 2024

Re: Complaint No. 2024-04699

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, June 14, 2024 at 12:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Mike Springer Mike Springer, Investigator #192 520 5089735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

Cc: File Choose an item. Choose an item. Choose an item. Choose an item.

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 4/29/24, 1:51 PM State of Arizona Mail - Fwd: Inspection Photos 1

Michael Springer <[email redacted]>

Fwd: Inspection Photos 1 message

SANDRA YULE <[email redacted]> Thu, Apr 25, 2024 at 1:02 PM To: Mike Springer <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 22, 2024 at 8:31:14 AM MST To: [email redacted] Subject: Fwd: Inspection Photos

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 21, 2024 at 11:01:52 AM MST To: Paul Redman <[email redacted]>, Claire Brady <[email redacted]>, Zachary Moir <[email redacted]> Subject: Inspection Photos

Sent from my iPhone

Begin forwarded message:

From: [email redacted] Date: April 21, 2024 at 10:05:24 AM MST To: [email redacted] Subject: Inspection Photos

Thank you, Leon

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/4 4/29/24, 1:51 PM State of Arizona Mail - Fwd: Inspection Photos 1

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Michael Springer <[email redacted]>

Fwd: Inspection Photos 2 message

SANDRA YULE <[email redacted]> Thu, Apr 25, 2024 at 1:02 PM To: Mike Springer <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 24, 2024 at 11:49:14 AM MST To: [email redacted] Subject: Fwd: Inspection Photos

Sent from my iPhone

Sent from my iPhone

Begin forwarded message:

From: [email redacted] Date: April 21, 2024 at 10:06:32 AM MST To: [email redacted] Subject: Inspection Photos

Thank you

Leon

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 4/29/24, 1:52 PM State of Arizona Mail - Fwd: Inspection Photos 2

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 4/29/24, 1:52 PM State of Arizona Mail - Fwd: Inspection Photos 3

Michael Springer <[email redacted]>

Fwd: Inspection Photos 3 message

SANDRA YULE <[email redacted]> Thu, Apr 25, 2024 at 1:03 PM To: Mike Springer <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 25, 2024 at 1:02:34 PM MST To: Mike Springer <[email redacted]> Subject: Fwd: Inspection Photos 2

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 24, 2024 at 11:49:14 AM MST To: [email redacted] Subject: Fwd: Inspection Photos

Sent from my iPhone

Sent from my iPhone

Begin forwarded message:

From: [email redacted] Date: April 21, 2024 at 10:06:32 AM MST To: [email redacted] Subject: Inspection Photos

Thank you

Leon

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 4/29/24, 1:52 PM State of Arizona Mail - Fwd: Inspection Photos 3

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Jobsite Inspection Notes

Case No.: 2024-04699 Investigator: Mike Springer Inspection Date: Friday, June 14, 2024 Inspection Time: 12:00 PM

Jobsite Address: 13611 S sundown Ranch Road Vail, AZ 85641

Complainant: Sandra Chambers Respondent: Arizona Restoration Not Present: Pros LLC Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Complaint Item: 5 - Electrical line installed using wrong pipes, not placed underground nor was the project finished Investigator’s Observation: No contract was provided for this item and no scope of work. Conduit is not secured to home. Conduit was run on top of home VS underground. With no contract stating scope of work I cannot verify installation type. However, conduit needs to be secured properly. Governing Rule:

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - Incorrect floor amt was ordered/delivered; contractor did not install correctly. Floor must be removed, Investigator’s Observation: This item corrected prior to JSI Governing Rule: Not Applicable

Complaint Item: 2 - Hired independent certified floor contractor to assess; report given and must be redone. Investigator’s Observation: Addressed in item 1. 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: 3 - Missing 500 sq ft of flooring; police report will be completed. Contractor did not deliver the amount ordered Investigator’s Observation: Addressed in item 1. Governing Rule: Not Applicable

Complaint Item: 4 - Floor was not prepped at all and install improperly. Not a professional installation. Investigator’s Observation: Addressed in item 1. Governing Rule: Not Applicable

Complaint Item: 6 - Roof patch supposedly completed, however, no report given of job or warranty, no water test completedand there is conden Investigator’s Observation: Area is covered with a tarp on a tile roof. I am not able o verify this item. Respondent states they did perform work and would like to be able to correct anything wrong, Complainant stated they would not let them correct. Governing Rule: Not Applicable

Complaint Item: 7 - Contractor states walls and ceilings sealed and painted. Totally incomplete and not done. No sealantwas used. Investigator’s Observation: Corrected prior to JSI. Governing Rule: Not Applicable

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Complaint # 2024- 04699 P 1 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 2 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 3 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 4 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 5 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 6 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 7 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complaint # 2024- 04699 P 8 JSI address: 13611 S sundown Ranch Road Date: 6-14-24 JSI PHOTOS Complainant: Sandra Chambers 13611 S sundown ranch road Vail, AZ 85641

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Arizona Restoration Pros LLC 1601 S Pantano Rd Unit 107 Tucson, AZ 85710

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 14, 2024

License No. ROC 269570

Re:Complaint No. 2024-04699

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 1st, 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: 5 - Electrical line installed using wrong pipes, not placed underground nor was the project finished Investigator’s Observation: No contract was provided for this item and no scope of work. Conduit is not secured to home. Conduit was run on top of home VS underground. With no contract stating scope of work I cannot verify installation type. However, conduit needs to be secured properly. Governing Rule:

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

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 Complaint Item: 1 - Incorrect floor amt was ordered/delivered; contractor did not install correctly. Floor must be removed, Investigator’s Observation: This item corrected prior to JSI Governing Rule: Not Applicable

Complaint Item: 2 - Hired independent certified floor contractor to assess; report given and must be redone. Investigator’s Observation: Addressed in item 1. Governing Rule: Not Applicable

Complaint Item: 3 - Missing 500 sq ft of flooring; police report will be completed. Contractor did not deliver the amount ordered Investigator’s Observation: Addressed in item 1. Governing Rule: Not Applicable

Complaint Item: 4 - Floor was not prepped at all and install improperly. Not a professional installation. Investigator’s Observation: Addressed in item 1. Governing Rule: Not Applicable

Complaint Item: 6 - Roof patch supposedly completed, however, no report given of job or warranty, no water test completedand there is conden Investigator’s Observation: Area is covered with a tarp on a tile roof. I am not able o verify this item. Respondent states they did perform work and would like to be able to correct anything wrong, Complainant stated they would not let them correct. Governing Rule: Not Applicable

Complaint Item: 7 - Contractor states walls and ceilings sealed and painted. Totally incomplete and not done. No sealantwas used. Investigator’s Observation: Corrected prior to JSI. Governing Rule: Not Applicable

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

Sincerely,

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

CC: Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 7/3/24, 8:24 AM State of Arizona Mail - Respondent-Directive

Michael Springer <[email redacted]>

Respondent-Directive messages

Brittany Lewis <[email redacted]> Tue, Jul 2, 2024 at 2:29 PM To: [email redacted] Cc: Paul Redman <[email redacted]>

Hi Mike,

Apologies for the late reply. We have had attempts to contact Sandra and repair the issues as per the directive but she refuses to allow us to. She would rather this continue to court. We did hear from her today and she stated per the ROC our license was pulled and that she wanted some work fixed per the 2 year warranty. We attempted to get over there to repair it today and she refused to allow that as well. Attached are some call logs showing the electrical repairman attempting to get it scheduled as well as the call log of her calling in today. I have also included her work release for the roof and the customer satisfaction pertaining to the other areas of work done at her home. Please let us know what our next steps are from here.

Thank you, Brittany Lewis (520) 561-3249 Direct (520) 490-7979 Office 1695 W Sahuaro Drive Tucson, AZ 85745

attachments

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Mike Springer <[email redacted]> Wed, Jul 3, 2024 at 8:23 AM To: Brittany Lewis <[email redacted]>

The case has been sent to hearing. You will hear from the legal dept from here on out. If you've been denied access make sure you bring that up at the hearing.

Mike Springer

Investigator #192

Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/3 7/3/24, 8:24 AM State of Arizona Mail - Respondent-Directive 520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

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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.

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https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/3 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sandra Chambers, Case No. 2024-04699 COMPLAINANT, v.

Arizona Restoration Pros Inc, CITATION License No. ROC 327728,

RESPONDENT.

The Registrar issues this Citation to Arizona Restoration Pros Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 24, 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 23, 2024, Sandra Chambers (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building

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 codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 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. 2024-04699. How to File a Written Answer: Respondent’s written answer may be submitted in 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 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 24, 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.

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

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. Dated July 9, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 9, 2024 to: Respondent Certified Mail No: [number redacted] Arizona Restoration Pros Inc 1695 W Sahuaro Dr Tucson, AZ 85745

Copy mailed by USPS First Class Mail this same date to: Respondent Arizona Restoration Pros Inc 1695 W Sahuaro Dr Tucson, AZ 85745 Complainant Sandra Chambers 13611 S sundown Ranch Rd Vail, AZ 85641 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. 2024-04699

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)

Sandra Chambers Mailing Address (Enter jobsite in Contract/Project section) City State Zip

13611 S sundown ranch road Vail Arizona 85641 Phone Number Email

(520) 554-1831 [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)

Arizona Restoration Pros LLC ROC 269570 Street Address City State Zip

1695 W Sahuaro Drive Tucson Arizona 85745 Phone Number Email

520 231 2760 [email redacted] Name of Person(s) Representing License

Paul Redman Contract/Project Information Contract Date Contract Amount Amount Paid

December 29, 2023 $48,525.68 $11,346.92 Date Work Started Date Work Stopped Date Work Was Completed

December 29, 2023 January 10, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

13611 S sundown Ranch Road Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

520 554 1831 [email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Both All change orders were N/A This project was Residential This project involved Repair

A building permit was obtained by N/A 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)

Floor installed incorrectly. Contractor refuses to credit amount of flooring and redo job professionally. Allegations Listed on Complaint:

Incorrect floor amt was ordered/delivered; contractor did not install correctly. Floor must be removed,

Hired independent certified floor contractor to assess; report given and must be redone.

Missing 500 sq ft of flooring; police report will be completed. Contractor did not deliver the amount ordered

Floor was not prepped at all and install improperly. Not a professional installation.

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

Sandra Chambers \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 6/11/24, 12:27 PM State of Arizona Mail - Fwd: ROC Case 2024-04710

Michael Springer <[email redacted]>

Fwd: ROC Case 2024-04710 message

SANDRA YULE <[email redacted]> Tue, Jun 11, 2024 at 12:23 PM To: Mike Springer <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 25, 2024 at 3:55:49 PM EDT To: Mike Springer <[email redacted]> Subject: Re: ROC Case 2024-04710

Hi Mike, not certain of the listed items but these are some of the majors:

1. Floors incorrectly installed, wood not acclimated correctly, materials used for installation not manufacturer recommended; floors were not prepped. 2. Electrical line installed using wrong pipes, not placed underground nor was the project finished. 3. Roof patch supposedly completed, however, no report given of job or warranty, no water test completed and there is condensation forming where job was completed. This needs clarification 4. Contractor states walls and ceilings sealed and painted. Totally incomplete and not done. No sealant was used.

Of course there are other things which I will forward but the above is quite a bit. I will send the certified floor inspector’s report and pics.

Sent from my iPhone

On Apr 24, 2024, at 1:06 PM, SANDRA YULE <[email redacted]> wrote:

I will send this afternoon. I will send you an independent certified floor inspector’s report. And other things. Sent from my iPhone

On Apr 24, 2024, at 12:42 PM, Mike Springer <[email redacted]> wrote:

I am receipt of both of your cases. Your second case does not specify workmanship items. I will need you to send me a list of incorrect items, I am going to close this case and combine your items into the original case. Please send me that list at your earliest convenience.

Best Regards,

Mike Springer

Investigator #192

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 6/11/24, 12:27 PM State of Arizona Mail - Fwd: ROC Case 2024-04710 Arizona Registrar of Contractors

1700 west Washington, Ste, 105

Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

The ROC is now on social media!

Make sure to follow us on:

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Fill out AZ ROC’s survey to let us know how we’re

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cid:[email protected]

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=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 DocuSign Envelope ID: C1C7E93F-3CA4-4C1B-8BDE-43F641B2F6B4

1695 W Sahuaro Drive, Tucson, AZ 85745 520-490-7979 ROC 323907 ROC 327728 Customer: Sandra Chambers Insurance Company: American Family Property Address:13611 S Sundown Ranch Rd Insurance Agent: City, State, Zip:Vail, AZ 85641 Insurance Adjuster: Phone Number: [number redacted] Adjuster Phone Number: Alternate Contact: Adjuster E-Mail: E-mail: [email redacted] Claim Number: [number redacted] Date of Loss: 12/29/23 Estimated Date of Completion: Loss Type: Water Damage Approved Xactimate Cost: 48525.68 REPAIR AND REPLACEMENT AGREEMENT This Agreement supplements, amends, and supersedes that certain “Work Order hereby grants Contractor and/or Contractor's attorney a limited power of attorney to Agreement” entered into between Customer and ARIZONA RESTORATION PROS LLC indorse the insurer’s check on behalf of Customer. This clause does not waive the ("Contractor") relating to emergency services at the Property dated assignment of benefits provisions of this Agreement. Should Customer's insurer fail 12/30/23 __________________. Customer acknowledges receipt of a “Bid Proposal” from to honor the assignment and direction to issue payment by either failing to issue a Contractor relating to the estimated cost of reconstruction and repair at the Property. joint check or by sending payment directly to Customer, Customer agrees to hold any Customer hereby accepts and agrees to the price and stated other terms of the Bid such payment received from Customer’s insurer in trust for Contractor’s benefit and Proposal prepared by Contractor dated 01/08/24 __________________ and agrees that the immediately forward any such payment received to Contractor. This provision does Agreement is supplemented, amended, and superseded by the terms of such Bid not waive the assignment of benefits. Customer acknowledges and agrees that Proposal and this Repair and Replacement Agreement. Customer hereby authorizes Contractor is being employed by the Customer and not by Customer's insurer. Contractor to perform, and Contractor agrees to perform, the repair and replacement Contractor has been provided the opportunity to inspect the Property, but Customer work specified in such Bid Proposal for the price and on the terms outlined therein, specifically recognizes the Contractor will not be responsible for pre-existing which Bid Proposal is hereby incorporated into this Agreement. Contractor represents conditions that were not disclosed to Contractor or reasonably ascertainable from that it has all proper licenses to perform such work and will do so in a good and Contractor’s inspection. Contractor shall notify Customer upon discovery of any such workmanlike manner. Customer may request that Contractor perform additional pre-existing condition affecting Contractor’s work or that could result in an increase work beyond the repair and replacement set forth in the Bid Proposal, including in cost. Customer acknowledges that, unless specifically stated otherwise in writing, upgrading materials or other changes. Because such changes are not likely to be the Bid Proposal sets forth the anticipated expense to repair or replace components covered by Customer’s insurer, Customer agrees to the following conditions to any of the Property with similar quality materials and components that existed prior to change 1) Customer and Contractor have entered into a binding “Change Order” the loss. Customer acknowledges that it is impossible to precisely match new describing the change and amending the agreed upon price; and 2) Customer has pre- materials with existing components or colors, particularly as existing materials may paid to Contractor the full amount of such resulting cost increase. Customer certifies be subject to wear and tear, use, discoloration, or fading. Nonetheless, Contractor that, to the best of Customer’s knowledge and belief, the Property that suffered the agrees to use reasonable efforts to match existing materials and colors, but cannot loss 1) had appropriate insurance coverage to cover this loss at the time of the loss; guarantee the exactness or preciseness of any such match. 50% deposit will be 2) that Customer is responsible for payment of any insurance deductible and required at start of work and balance will be due upon completion. Contractor shall Customer has the means to make such payment; 3) that Customer holds a good faith invoice for work performed and materials incorporated into the Property not more belief that its insurer will pay the full cost of the Bid Proposal price; and 4) that frequently than every thirty (30) days and/or upon completion of the work. Payment Customer is responsible for any charges of Contractor incurred pursuant to the Bid is due when stated on the invoice and pursuant to the Arizona Prompt Pay Act A.R.S. Proposal that not paid by Customer's insurer and Customer has the means to make §§32-1129.01 through 32-1129.07. Nothing in this Agreement shall be construed to such payment. Contractor shall be entitled to recover its reasonable attorneys’ fees require the Contractor to continue performance if timely payments are not made to and costs in any action brought to enforce this Agreement or collect amounts owed. the Contractor for suitably performed work pursuant to the provisions of A.R.S. §32- As security for the payment for Contractor’s services, Customer hereby assigns any 1129.04. In the event of any suspension or termination of Contractor’s work, and all insurance proceeds, rights, benefits, proceeds, and causes of action under the Contractor shall be entitled to reasonable compensation for work performed and for above listed or any other applicable insurance policies to Contractor and/or assignee services performed to protect the work as well as mobilization costs. Customer has up to the amount of the Bid Proposal. This assignment is made in consideration of the right to file a written complaint against Contractor within two years of completion Contractor commencing performance of services without requiring a deposit, upfront by contacting the Arizona Registrar of Contractors at 602-542-1525 or payment, or down payment from Customer, except for such advance payment for a www.roc.az.gov. By signing this agreement, Customer agrees to the contractual change or alteration to the repair as agreed to in a Change Order. Customer further provisions of the above referenced Work Order Agreement, to the additional terms authorizes and instructs Customer's insurer to pay Contractor for covered work either of this Repair and Replacement Agreement and to Contractor’s Standard Terms and by joint check or directly to Contractor in the amount on Contractor’s final billing in Conditions version 2018.01.01, all of which shall apply to the obligations of Contractor connection with the services rendered by Contractor. In the event Customer’s insurer and Customer issues a check identifying the Customer and Contractor as co-payees, the Customer

1/10/2024 Customer Signature: ___________________________________________ Date: ____________________

Contractor Signature: __________________________________________ Date: ____________________ DocuSign Envelope ID: C1C7E93F-3CA4-4C1B-8BDE-43F641B2F6B4

STANDARD TERMS AND CONDITIONS (Version 2018.01.01) Definitions: All definitions in the Agreement between Contractor Cessation of Work: If timely payment is not made by Customer and Customer shall have the same meaning herein. All other terms when due or Contractor is delayed in the progress of the work by shall have the meaning given under Arizona law. any negligent act or intentional wrongdoing of the Customer, Prior Discussions: The Agreement incorporating these terms Contractor may suspend the work. Customer agrees that it shall be supersedes any and all prior or contemporaneous discussions, responsible for all reasonable costs associated with such a proposals, negotiations, representations, and contracts. cessation, including cost of securing the work and any mobilization Customer’s Authority: Customer represents that Customer is the or re-mobilization from the Property. owner of the Property and has all legal authority to authorize Change Orders: No change, modification, or upgrade from the Bid Contractor to perform the services and work to be provided. Proposal shall be performed unless agreed to in writing by “Change Determining the Extent of Work in Advance: Customer Order” that amends the Agreement. Because any upgrades to or acknowledges that it is difficult, if not impossible, to determine the any alteration from the work necessary to reconstruct the Property extent of work in advance. Customer agrees that if additional or to its prior condition are unlikely to be covered or paid for by different work is required to complete Contractor’s work, Customer’s insurer, Customer agrees to pre-pay in full to Customer will pay for the additional or different work. Likewise, Contractor any additional net increase of any Change Order. Contractor will credit Customer for work that may ultimately be Contractor’s Work; Warranty: Contractor shall furnish all unnecessary. materials, equipment, and supplies and perform all work that Containment of Contaminants: Customer recognizes that during Contractor specifically agreed to perform in a good and portions of the abatement process, containment may required to workmanlike manner consistent with insurance industry standards prevent the distribution of potential contaminants. Customer shall in the IICRC S500, S520 and/or Blue Book, as amended. Customer not allow the containment to be broken and shall be responsible for recognizes and acknowledges that it is impossible to precisely additional expenses of breaking a containment, including match or blend with existing elements not replaced. Contractor additional cost of re-containment or spread of contaminants. shall nonetheless make reasonable efforts to match with existing elements. Contractor shall give all notices and comply with all Air Quality Testing: Contractor highly recommends air quality laws, ordinances, rules, regulations, and orders of public testing be performed following any loss requiring abatement. authorities. Contractor warrants, for a period of two years from Contractor does not provide such services, but may provide a list substantial completion, the materials used and its workmanship of multiple parties Contractor believes to be reputable and with shall be free from defects and agrees to correct or replace any whom Customer must separately contract for such services. defective same upon written notice within the warranty period. Access to Property; Security: Customer shall provide all necessary Warranty does not extend to normal wear and tear or excessive use. and reasonable access to the Property and shall keep any and all Payment; Disputes: Payment shall be due on the date Contractor’s areas in which Contractor is performing work free and accessible. work is substantially complete. Punch-list items or minor aesthetic Customer agrees to provide reasonable security to the Property, matters shall not give Customer the right to withhold payment. including securing Contractor’s equipment that may be required to Compound interest will be due on late payments at the rate set forth remain at the Property. in Arizona law pursuant to A.R.S. §§ 32-1129.01 through 32- Completion and Delay Damages: Any estimated completion date 1129.07 or 1.5% per month, whichever is greater. If collection is an estimate and not a contractual promise. As partial proceedings are commenced (including filing of a lien to secure or consideration, Customer agrees to waive its right to damages enforce the payment of any portion of the agreement), the arising from delay in completion and any loss of use. Customer agrees to pay reasonable attorney's fees, court costs, and Relations with Customer’s Insurer; Facilitation Charges: Customer collection costs in such proceedings. In any dispute arising out of acknowledges and agrees that Contractor is being employed by the or relating to the Contractor’s work on the Property, the venue will Customer and not by Customer's insurer. Nonetheless, Customer be Pima County and the laws of the State of Arizona shall govern. hereby directs, and Contractor agrees, to take reasonable actions to Indemnification: Customer agrees to indemnify, hold harmless, assist Customer in securing payment for Contractor’s proposed and defend Contractor and its directors, officers, employees, services from Customer’s insurer. Customer authorizes Contractor subcontractors, and agents from and against any and all claims for to supply information regarding the loss to Customer’s insurer, personal injury, death, illness, property damage, fine, charge, or including reporting all work performed by Contractor and loss of any kind arising out of or relating to the performance of Contractor’s estimate of repair costs. Contractor’s time, effort, Contractor’s work under this agreement or as a result of any pre- costs, and expense involved in such coordination shall be included existing conditions or Customer's failure or refusal to allow in the contract price. However, in the event Customer elects not to Contractor to perform any recommended services. have Contractor perform repair work, Customer agrees to pay Arizona Registrar of Contractors: Customer has the right to file a Contractor its out-of-pocket expenses, including mileage, and written complaint against Contractor within two years of compensation for Contractor’s services in preparing bids, completion by contacting the Arizona Registrar of Contractors at negotiating with Customer’s insurer, or facilitating insurer 602-542-1525 or www.roc.az.gov. payments at $65/hour. Binding Effect: The Agreement and these terms shall be binding No Liability for Existing Conditions: Contractor shall not be upon and inure to the benefit of the parties’ heirs, executors, and responsible for existing conditions of the Property that are not open assigns. and obvious or disclosed by Customer in writing. Legal New Mail - AZROC <[email redacted]>

ROC Citation 2024-04699 messages

Paul Redman <[email redacted]> Tue, Jul 9, 2024 at 8:49 AM To: Katelyn Rolling <[email redacted]>

We received an email stating we had a complaint but we did not receive the digital copy that said it was attached.

-- -- Paul Redman 1695 W Sahuaro Drive Tucson, AZ 85745 arizonarestorationpros.com

Legal New Mail - AZROC <[email redacted]> Wed, Jul 10, 2024 at 11:40 AM To: Paul Redman <[email redacted]>

Hello,

Accept my apologies. See attached.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

20240709 Citation MAILED 2024-04699.pdf 496K 7/11/24, 8:44 AM State of Arizona Mail - ROC Citation 2024-04699

Legal New Mail - AZROC <[email redacted]>

ROC Citation 2024-04699 messages

Paul Redman <[email redacted]> Tue, Jul 9, 2024 at 8:49 AM To: Katelyn Rolling <[email redacted]>

We received an email stating we had a complaint but we did not receive the digital copy that said it was attached.

-- -- Paul Redman 1695 W Sahuaro Drive Tucson, AZ 85745 arizonarestorationpros.com

Legal New Mail - AZROC <[email redacted]> Wed, Jul 10, 2024 at 11:40 AM To: Paul Redman <[email redacted]>

Hello,

Accept my apologies. See attached.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

20240709 Citation MAILED 2024-04699.pdf 496K

Paul Redman <[email redacted]> Wed, Jul 10, 2024 at 12:19 PM To: Legal New Mail - AZROC <[email redacted]>

Hi. Listed on the complaint is an invalid ROC license number and our contact number is listed incorrectly. Our current licenses are 323907 and 327728. 269570 is listed and our contact number is 520-490-7979. I'm unsure who's number is 520-231-2760. Is this something that we should write in the response? [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRTR4wTigP2nBW2lM8YgaUaKmo34Qb1fIYMxHvtNd70rKdP3/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 1/2 7/11/24, 8:44 AM State of Arizona Mail - ROC Citation 2024-04699 Legal New Mail - AZROC <[email redacted]> Thu, Jul 11, 2024 at 8:44 AM To: Paul Redman <[email redacted]>

Good morning. It came to our attention that the information on the complaint was incorrect. We changed it to reflect you as the Respondent with the 327728 license. We have your correct phone number in our system as well.

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRTR4wTigP2nBW2lM8YgaUaKmo34Qb1fIYMxHvtNd70rKdP3/u/0/?ik=d3afebeda9&view=pt&search=all&permth… 2/2 7/12/24, 4:43 PM State of Arizona Mail - 2024-04699 LEGAL RECEIVED 07/12/2024

Legal New Mail - AZROC <[email redacted]>

2024-04699 messages

SANDRA YULE <[email redacted]> Fri, Jul 12, 2024 at 11:47 AM To: [email redacted]

Hello, we did not receive an attachment. When I attempt to touch the above claim number, the system doesn’t take us anywhere. Please advise. Thank u. Nolan and Sandra Chambers Sent from my iPhone

Legal New Mail - AZROC <[email redacted]> Fri, Jul 12, 2024 at 4:42 PM To: SANDRA YULE <[email redacted]>

Hello,

Please see attached

Thank you,

Arizona Registrar of Contractors Legal Department

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

[Quoted text hidden]

20240709 Citation MAILED 2024-04699.pdf 496K

https://mail.google.com/mail/b/AEoRXRRdd8B1FW7j4tJL530MmHT-HOR0IB9vA9NbBojZByeLQEXx/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 LEGAL RECEIVED 07/12/2024

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Sandra Chambers, Case No. 2024-04699 COMPLAINANT, v.

Arizona Restoration Pros Inc, CITATION License No. ROC 327728,

RESPONDENT.

The Registrar issues this Citation to Arizona Restoration Pros Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 24, 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 23, 2024, Sandra Chambers (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building

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codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 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. 2024-04699. How to File a Written Answer: Respondent’s written answer may be submitted in the

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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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than July 24, 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.

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

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Registrar. Dated July 9, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 9, 2024 to: Respondent Certified Mail No: [number redacted] Arizona Restoration Pros Inc 1695 W Sahuaro Dr Tucson, AZ 85745

Copy mailed by USPS First Class Mail this same date to: Respondent Arizona Restoration Pros Inc 1695 W Sahuaro Dr Tucson, AZ 85745 Complainant Sandra Chambers 13611 S sundown Ranch Rd Vail, AZ 85641 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. 2024-04699

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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)

Sandra Chambers Mailing Address (Enter jobsite in Contract/Project section) City State Zip

13611 S sundown ranch road Vail Arizona 85641 Phone Number Email

(520) 554-1831 [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)

Arizona Restoration Pros LLC ROC 269570 Street Address City State Zip

1695 W Sahuaro Drive Tucson Arizona 85745 Phone Number Email

520 231 2760 [email redacted] Name of Person(s) Representing License

Paul Redman Contract/Project Information Contract Date Contract Amount Amount Paid

December 29, 2023 $48,525.68 $11,346.92 Date Work Started Date Work Stopped Date Work Was Completed

December 29, 2023 January 10, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

13611 S sundown Ranch Road Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

520 554 1831 [email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

RCC099 12/05/18 Page 1 of 2 LEGAL RECEIVED 07/12/2024

Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was Both All change orders were N/A This project was Residential This project involved Repair

A building permit was obtained by N/A 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)

Floor installed incorrectly. Contractor refuses to credit amount of flooring and redo job professionally. Allegations Listed on Complaint:

Incorrect floor amt was ordered/delivered; contractor did not install correctly. Floor must be removed,

Hired independent certified floor contractor to assess; report given and must be redone.

Missing 500 sq ft of flooring; police report will be completed. Contractor did not deliver the amount ordered

Floor was not prepped at all and install improperly. Not a professional installation.

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

Sandra Chambers \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 6/11/24, 12:27 PM State of Arizona Mail - Fwd: ROC Case 2024-04710 LEGAL RECEIVED 07/12/2024

Michael Springer <[email redacted]>

Fwd: ROC Case 2024-04710 message

SANDRA YULE <[email redacted]> Tue, Jun 11, 2024 at 12:23 PM To: Mike Springer <[email redacted]>

Sent from my iPhone

Begin forwarded message:

From: SANDRA YULE <[email redacted]> Date: April 25, 2024 at 3:55:49 PM EDT To: Mike Springer <[email redacted]> Subject: Re: ROC Case 2024-04710

Hi Mike, not certain of the listed items but these are some of the majors:

1. Floors incorrectly installed, wood not acclimated correctly, materials used for installation not manufacturer recommended; floors were not prepped. 2. Electrical line installed using wrong pipes, not placed underground nor was the project finished. 3. Roof patch supposedly completed, however, no report given of job or warranty, no water test completed and there is condensation forming where job was completed. This needs clarification 4. Contractor states walls and ceilings sealed and painted. Totally incomplete and not done. No sealant was used.

Of course there are other things which I will forward but the above is quite a bit. I will send the certified floor inspector’s report and pics.

Sent from my iPhone

On Apr 24, 2024, at 1:06 PM, SANDRA YULE <[email redacted]> wrote:

I will send this afternoon. I will send you an independent certified floor inspector’s report. And other things. Sent from my iPhone

On Apr 24, 2024, at 12:42 PM, Mike Springer <[email redacted]> wrote:

I am receipt of both of your cases. Your second case does not specify workmanship items. I will need you to send me a list of incorrect items, I am going to close this case and combine your items into the original case. Please send me that list at your earliest convenience.

Best Regards,

Mike Springer

Investigator #192

https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 6/11/24, 12:27 PM State of Arizona Mail - Fwd: ROC Case 2024-04710 LEGAL RECEIVED 07/12/2024 Arizona Registrar of Contractors

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Phoenix, AZ 85007

520-508-9735 – Mobile

520-628-6588 – Fax

Email: [email redacted]

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https://mail.google.com/mail/u/0/?ik=6fc03499a2&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 DocuSign Envelope ID: C1C7E93F-3CA4-4C1B-8BDE-43F641B2F6B4 LEGAL RECEIVED 07/12/2024

1695 W Sahuaro Drive, Tucson, AZ 85745 520-490-7979 ROC 323907 ROC 327728 Customer: Sandra Chambers Insurance Company: American Family Property Address:13611 S Sundown Ranch Rd Insurance Agent: City, State, Zip:Vail, AZ 85641 Insurance Adjuster: Phone Number: [number redacted] Adjuster Phone Number: Alternate Contact: Adjuster E-Mail: E-mail: [email redacted] Claim Number: [number redacted] Date of Loss: 12/29/23 Estimated Date of Completion: Loss Type: Water Damage Approved Xactimate Cost: 48525.68 REPAIR AND REPLACEMENT AGREEMENT This Agreement supplements, amends, and supersedes that certain “Work Order hereby grants Contractor and/or Contractor's attorney a limited power of attorney to Agreement” entered into between Customer and ARIZONA RESTORATION PROS LLC indorse the insurer’s check on behalf of Customer. This clause does not waive the ("Contractor") relating to emergency services at the Property dated assignment of benefits provisions of this Agreement. Should Customer's insurer fail 12/30/23 __________________. Customer acknowledges receipt of a “Bid Proposal” from to honor the assignment and direction to issue payment by either failing to issue a Contractor relating to the estimated cost of reconstruction and repair at the Property. joint check or by sending payment directly to Customer, Customer agrees to hold any Customer hereby accepts and agrees to the price and stated other terms of the Bid such payment received from Customer’s insurer in trust for Contractor’s benefit and Proposal prepared by Contractor dated 01/08/24 __________________ and agrees that the immediately forward any such payment received to Contractor. This provision does Agreement is supplemented, amended, and superseded by the terms of such Bid not waive the assignment of benefits. Customer acknowledges and agrees that Proposal and this Repair and Replacement Agreement. Customer hereby authorizes Contractor is being employed by the Customer and not by Customer's insurer. Contractor to perform, and Contractor agrees to perform, the repair and replacement Contractor has been provided the opportunity to inspect the Property, but Customer work specified in such Bid Proposal for the price and on the terms outlined therein, specifically recognizes the Contractor will not be responsible for pre-existing which Bid Proposal is hereby incorporated into this Agreement. Contractor represents conditions that were not disclosed to Contractor or reasonably ascertainable from that it has all proper licenses to perform such work and will do so in a good and Contractor’s inspection. Contractor shall notify Customer upon discovery of any such workmanlike manner. Customer may request that Contractor perform additional pre-existing condition affecting Contractor’s work or that could result in an increase work beyond the repair and replacement set forth in the Bid Proposal, including in cost. Customer acknowledges that, unless specifically stated otherwise in writing, upgrading materials or other changes. Because such changes are not likely to be the Bid Proposal sets forth the anticipated expense to repair or replace components covered by Customer’s insurer, Customer agrees to the following conditions to any of the Property with similar quality materials and components that existed prior to change 1) Customer and Contractor have entered into a binding “Change Order” the loss. Customer acknowledges that it is impossible to precisely match new describing the change and amending the agreed upon price; and 2) Customer has pre- materials with existing components or colors, particularly as existing materials may paid to Contractor the full amount of such resulting cost increase. Customer certifies be subject to wear and tear, use, discoloration, or fading. Nonetheless, Contractor that, to the best of Customer’s knowledge and belief, the Property that suffered the agrees to use reasonable efforts to match existing materials and colors, but cannot loss 1) had appropriate insurance coverage to cover this loss at the time of the loss; guarantee the exactness or preciseness of any such match. 50% deposit will be 2) that Customer is responsible for payment of any insurance deductible and required at start of work and balance will be due upon completion. Contractor shall Customer has the means to make such payment; 3) that Customer holds a good faith invoice for work performed and materials incorporated into the Property not more belief that its insurer will pay the full cost of the Bid Proposal price; and 4) that frequently than every thirty (30) days and/or upon completion of the work. Payment Customer is responsible for any charges of Contractor incurred pursuant to the Bid is due when stated on the invoice and pursuant to the Arizona Prompt Pay Act A.R.S. Proposal that not paid by Customer's insurer and Customer has the means to make §§32-1129.01 through 32-1129.07. Nothing in this Agreement shall be construed to such payment. Contractor shall be entitled to recover its reasonable attorneys’ fees require the Contractor to continue performance if timely payments are not made to and costs in any action brought to enforce this Agreement or collect amounts owed. the Contractor for suitably performed work pursuant to the provisions of A.R.S. §32- As security for the payment for Contractor’s services, Customer hereby assigns any 1129.04. In the event of any suspension or termination of Contractor’s work, and all insurance proceeds, rights, benefits, proceeds, and causes of action under the Contractor shall be entitled to reasonable compensation for work performed and for above listed or any other applicable insurance policies to Contractor and/or assignee services performed to protect the work as well as mobilization costs. Customer has up to the amount of the Bid Proposal. This assignment is made in consideration of the right to file a written complaint against Contractor within two years of completion Contractor commencing performance of services without requiring a deposit, upfront by contacting the Arizona Registrar of Contractors at 602-542-1525 or payment, or down payment from Customer, except for such advance payment for a www.roc.az.gov. By signing this agreement, Customer agrees to the contractual change or alteration to the repair as agreed to in a Change Order. Customer further provisions of the above referenced Work Order Agreement, to the additional terms authorizes and instructs Customer's insurer to pay Contractor for covered work either of this Repair and Replacement Agreement and to Contractor’s Standard Terms and by joint check or directly to Contractor in the amount on Contractor’s final billing in Conditions version 2018.01.01, all of which shall apply to the obligations of Contractor connection with the services rendered by Contractor. In the event Customer’s insurer and Customer issues a check identifying the Customer and Contractor as co-payees, the Customer

1/10/2024 Customer Signature: ___________________________________________ Date: ____________________

Contractor Signature: __________________________________________ Date: ____________________ DocuSign Envelope ID: C1C7E93F-3CA4-4C1B-8BDE-43F641B2F6B4 LEGAL RECEIVED 07/12/2024 STANDARD TERMS AND CONDITIONS (Version 2018.01.01) Definitions: All definitions in the Agreement between Contractor Cessation of Work: If timely payment is not made by Customer and Customer shall have the same meaning herein. All other terms when due or Contractor is delayed in the progress of the work by shall have the meaning given under Arizona law. any negligent act or intentional wrongdoing of the Customer, Prior Discussions: The Agreement incorporating these terms Contractor may suspend the work. Customer agrees that it shall be supersedes any and all prior or contemporaneous discussions, responsible for all reasonable costs associated with such a proposals, negotiations, representations, and contracts. cessation, including cost of securing the work and any mobilization Customer’s Authority: Customer represents that Customer is the or re-mobilization from the Property. owner of the Property and has all legal authority to authorize Change Orders: No change, modification, or upgrade from the Bid Contractor to perform the services and work to be provided. Proposal shall be performed unless agreed to in writing by “Change Determining the Extent of Work in Advance: Customer Order” that amends the Agreement. Because any upgrades to or acknowledges that it is difficult, if not impossible, to determine the any alteration from the work necessary to reconstruct the Property extent of work in advance. Customer agrees that if additional or to its prior condition are unlikely to be covered or paid for by different work is required to complete Contractor’s work, Customer’s insurer, Customer agrees to pre-pay in full to Customer will pay for the additional or different work. Likewise, Contractor any additional net increase of any Change Order. Contractor will credit Customer for work that may ultimately be Contractor’s Work; Warranty: Contractor shall furnish all unnecessary. materials, equipment, and supplies and perform all work that Containment of Contaminants: Customer recognizes that during Contractor specifically agreed to perform in a good and portions of the abatement process, containment may required to workmanlike manner consistent with insurance industry standards prevent the distribution of potential contaminants. Customer shall in the IICRC S500, S520 and/or Blue Book, as amended. Customer not allow the containment to be broken and shall be responsible for recognizes and acknowledges that it is impossible to precisely additional expenses of breaking a containment, including match or blend with existing elements not replaced. Contractor additional cost of re-containment or spread of contaminants. shall nonetheless make reasonable efforts to match with existing elements. Contractor shall give all notices and comply with all Air Quality Testing: Contractor highly recommends air quality laws, ordinances, rules, regulations, and orders of public testing be performed following any loss requiring abatement. authorities. Contractor warrants, for a period of two years from Contractor does not provide such services, but may provide a list substantial completion, the materials used and its workmanship of multiple parties Contractor believes to be reputable and with shall be free from defects and agrees to correct or replace any whom Customer must separately contract for such services. defective same upon written notice within the warranty period. Access to Property; Security: Customer shall provide all necessary Warranty does not extend to normal wear and tear or excessive use. and reasonable access to the Property and shall keep any and all Payment; Disputes: Payment shall be due on the date Contractor’s areas in which Contractor is performing work free and accessible. work is substantially complete. Punch-list items or minor aesthetic Customer agrees to provide reasonable security to the Property, matters shall not give Customer the right to withhold payment. including securing Contractor’s equipment that may be required to Compound interest will be due on late payments at the rate set forth remain at the Property. in Arizona law pursuant to A.R.S. §§ 32-1129.01 through 32- Completion and Delay Damages: Any estimated completion date 1129.07 or 1.5% per month, whichever is greater. If collection is an estimate and not a contractual promise. As partial proceedings are commenced (including filing of a lien to secure or consideration, Customer agrees to waive its right to damages enforce the payment of any portion of the agreement), the arising from delay in completion and any loss of use. Customer agrees to pay reasonable attorney's fees, court costs, and Relations with Customer’s Insurer; Facilitation Charges: Customer collection costs in such proceedings. In any dispute arising out of acknowledges and agrees that Contractor is being employed by the or relating to the Contractor’s work on the Property, the venue will Customer and not by Customer's insurer. Nonetheless, Customer be Pima County and the laws of the State of Arizona shall govern. hereby directs, and Contractor agrees, to take reasonable actions to Indemnification: Customer agrees to indemnify, hold harmless, assist Customer in securing payment for Contractor’s proposed and defend Contractor and its directors, officers, employees, services from Customer’s insurer. Customer authorizes Contractor subcontractors, and agents from and against any and all claims for to supply information regarding the loss to Customer’s insurer, personal injury, death, illness, property damage, fine, charge, or including reporting all work performed by Contractor and loss of any kind arising out of or relating to the performance of Contractor’s estimate of repair costs. Contractor’s time, effort, Contractor’s work under this agreement or as a result of any pre- costs, and expense involved in such coordination shall be included existing conditions or Customer's failure or refusal to allow in the contract price. However, in the event Customer elects not to Contractor to perform any recommended services. have Contractor perform repair work, Customer agrees to pay Arizona Registrar of Contractors: Customer has the right to file a Contractor its out-of-pocket expenses, including mileage, and written complaint against Contractor within two years of compensation for Contractor’s services in preparing bids, completion by contacting the Arizona Registrar of Contractors at negotiating with Customer’s insurer, or facilitating insurer 602-542-1525 or www.roc.az.gov. payments at $65/hour. Binding Effect: The Agreement and these terms shall be binding No Liability for Existing Conditions: Contractor shall not be upon and inure to the benefit of the parties’ heirs, executors, and responsible for existing conditions of the Property that are not open assigns. and obvious or disclosed by Customer in writing. Received 7/18/2024 ROC Legal Received 7/18/2024 ROC Legal Received 7/18/2024 ROC Legal Received 7/18/2024 ROC Legal DocuSign Envelope ID: 71C86C01-C61C-41F4-8DD4-8A28B0FD06B0 Received 7/18/2024 ROC Legal

1695 W Sahuaro Dr, Tucson, AZ 85745 520-490-7979 ROC 323907 ROC327728

Customer:Sandra Chambers Date of Loss: 12/29/2023 Address: 13611 s sundown ranch road Insurance Company: American Family City: Vail Adjuster: Email: [email redacted] Claim #: Phone: [number redacted] Type of Loss: WORK ORDER AGREEMENT TO PERFORM EMERGENCY SERVICES, DIRECT PAY AUTHORIZATION & ASSIGNMENT OF BENEFITS This agreement is made between the customer Customer hereby agrees to indemnify, hold harmless, listed above (“Customer”) and Insert Contractor Name and defend or settle at its own expense, Contractor and its (“Contractor”). The customer has suffered a loss to customer’s directors, officers, employees, and agents against claims for Water property due to:_________________________. death, illness, personal injury, property damage, arising out of Customer hereby authorizes Contractor to perform or relating to the performance of services under this Work emergency services to mitigate the loss, and/or to provide the Order Agreement, on any claims relating to latent conditions, following other services: pre-existing conditions, or Customer’s refusal to allow _______________________________________________. Remove water, restoration, plumbing Contractor to perform any recommended services. Customer certifies that the damaged property has In the event the insurance company issues a check the appropriate insurance coverage to cover this loss and that identifying the Customer and/or Customer’s spouse or co- Customer is responsible for payment of any deductible as well insured as a payee, the Customer hereby grants Contractor as any charges on the final billing for the service not covered and One Claim Solution a limited power of attorney to indorse by Customer’s insurance policy or not paid by Customer’s the insurance check. This clause does not waive the insurance company for any reason should Contractor wish to assignment of benefits. pursue a balance from Customer. Customer has read the above and understands that Assignment of Benefits: Customer hereby this form constitutes a contract for services performed. Should assigns any and all post-loss insurance rights, benefits, it be necessary to file legal proceedings to enforce this proceeds, causes of action, including the ability to file a contract, the prevailing party shall be entitled to reasonable lawsuit or demand appraisal directly against Customer’s attorney fees and costs. Customer also understands that all insurance provider, under any applicable insurance payments for services are due within thirty (30) calendar days policies to Contractor and One Claim Solution for work of receipt of invoice. If Contractor does not receive payment performed by Contractor. This is not a transfer or within that timeframe, the balance will accrue interest at the assignment of any of Customer’s insurance duties or rate of 18% per annum. Customer also understands that obligations such as the requirement to participate in an Contractor has the right to lien Customer’s property for the examination under oath if requested by Customer’s services rendered in order to secure payment. insurance company. Contractor does not agree to accept any of your contractual obligations between you and your Customer has the right to file a written insurance company. As such, those duties and obligations complaint against Contractor with the Arizona remain with the Customer. This post-loss assignment is Registrar of Contractors within 2 years of made in consideration of Contractor performing the completion of Contractor’s services. The Registrar services and/or not requiring an upfront down payment may be contacted at 602-542-1525 or 520-628-6345 or from Customer. _______ Customer further authorizes and instructs Customer’s www.roc.az.gov. insurance company to pay directly to Contractor and One Claim Solution or their attorney the reasonable amount for the WORK ORDERED BY: work done by Contractor in connection with this claim. Sandra Chambers Customer also understands the insurance company is billed as Name:________________________________________ a courtesy and convenience to Customer. Should Customer’s insurance company fail to pay the reasonable amount or to Signature:____________________________________ honor the assignment and direction to pay, Customer agrees to [email redacted] pay the Contractor any balances due from Customer’s Email:_______________________________________ personal funds. This does not waive the assignment of benefits. Contractor Rep.:_______________________________ Customer also understands that due to the emergency nature of this loss, it is not possible for Contractor 12/29/2023 Date: ________________________________________ to quote an accurate price for the services to be rendered. Received 7/18/2024 ROC Legal DocuSign Envelope ID: C1C7E93F-3CA4-4C1B-8BDE-43F641B2F6B4 Received 7/18/2024 ROC Legal

1695 W Sahuaro Drive, Tucson, AZ 85745 520-490-7979 ROC 323907 ROC 327728 Customer: Sandra Chambers Insurance Company: American Family Property Address:13611 S Sundown Ranch Rd Insurance Agent: City, State, Zip:Vail, AZ 85641 Insurance Adjuster: Phone Number: [number redacted] Adjuster Phone Number: Alternate Contact: Adjuster E-Mail: E-mail: [email redacted] Claim Number: [number redacted] Date of Loss: 12/29/23 Estimated Date of Completion: Loss Type: Water Damage Approved Xactimate Cost: 48525.68 REPAIR AND REPLACEMENT AGREEMENT This Agreement supplements, amends, and supersedes that certain “Work Order hereby grants Contractor and/or Contractor's attorney a limited power of attorney to Agreement” entered into between Customer and ARIZONA RESTORATION PROS LLC indorse the insurer’s check on behalf of Customer. This clause does not waive the ("Contractor") relating to emergency services at the Property dated assignment of benefits provisions of this Agreement. Should Customer's insurer fail 12/30/23 __________________. Customer acknowledges receipt of a “Bid Proposal” from to honor the assignment and direction to issue payment by either failing to issue a Contractor relating to the estimated cost of reconstruction and repair at the Property. joint check or by sending payment directly to Customer, Customer agrees to hold any Customer hereby accepts and agrees to the price and stated other terms of the Bid such payment received from Customer’s insurer in trust for Contractor’s benefit and Proposal prepared by Contractor dated 01/08/24 __________________ and agrees that the immediately forward any such payment received to Contractor. This provision does Agreement is supplemented, amended, and superseded by the terms of such Bid not waive the assignment of benefits. Customer acknowledges and agrees that Proposal and this Repair and Replacement Agreement. Customer hereby authorizes Contractor is being employed by the Customer and not by Customer's insurer. Contractor to perform, and Contractor agrees to perform, the repair and replacement Contractor has been provided the opportunity to inspect the Property, but Customer work specified in such Bid Proposal for the price and on the terms outlined therein, specifically recognizes the Contractor will not be responsible for pre-existing which Bid Proposal is hereby incorporated into this Agreement. Contractor represents conditions that were not disclosed to Contractor or reasonably ascertainable from that it has all proper licenses to perform such work and will do so in a good and Contractor’s inspection. Contractor shall notify Customer upon discovery of any such workmanlike manner. Customer may request that Contractor perform additional pre-existing condition affecting Contractor’s work or that could result in an increase work beyond the repair and replacement set forth in the Bid Proposal, including in cost. Customer acknowledges that, unless specifically stated otherwise in writing, upgrading materials or other changes. Because such changes are not likely to be the Bid Proposal sets forth the anticipated expense to repair or replace components covered by Customer’s insurer, Customer agrees to the following conditions to any of the Property with similar quality materials and components that existed prior to change 1) Customer and Contractor have entered into a binding “Change Order” the loss. Customer acknowledges that it is impossible to precisely match new describing the change and amending the agreed upon price; and 2) Customer has pre- materials with existing components or colors, particularly as existing materials may paid to Contractor the full amount of such resulting cost increase. Customer certifies be subject to wear and tear, use, discoloration, or fading. Nonetheless, Contractor that, to the best of Customer’s knowledge and belief, the Property that suffered the agrees to use reasonable efforts to match existing materials and colors, but cannot loss 1) had appropriate insurance coverage to cover this loss at the time of the loss; guarantee the exactness or preciseness of any such match. 50% deposit will be 2) that Customer is responsible for payment of any insurance deductible and required at start of work and balance will be due upon completion. Contractor shall Customer has the means to make such payment; 3) that Customer holds a good faith invoice for work performed and materials incorporated into the Property not more belief that its insurer will pay the full cost of the Bid Proposal price; and 4) that frequently than every thirty (30) days and/or upon completion of the work. Payment Customer is responsible for any charges of Contractor incurred pursuant to the Bid is due when stated on the invoice and pursuant to the Arizona Prompt Pay Act A.R.S. Proposal that not paid by Customer's insurer and Customer has the means to make §§32-1129.01 through 32-1129.07. Nothing in this Agreement shall be construed to such payment. Contractor shall be entitled to recover its reasonable attorneys’ fees require the Contractor to continue performance if timely payments are not made to and costs in any action brought to enforce this Agreement or collect amounts owed. the Contractor for suitably performed work pursuant to the provisions of A.R.S. §32- As security for the payment for Contractor’s services, Customer hereby assigns any 1129.04. In the event of any suspension or termination of Contractor’s work, and all insurance proceeds, rights, benefits, proceeds, and causes of action under the Contractor shall be entitled to reasonable compensation for work performed and for above listed or any other applicable insurance policies to Contractor and/or assignee services performed to protect the work as well as mobilization costs. Customer has up to the amount of the Bid Proposal. This assignment is made in consideration of the right to file a written complaint against Contractor within two years of completion Contractor commencing performance of services without requiring a deposit, upfront by contacting the Arizona Registrar of Contractors at 602-542-1525 or payment, or down payment from Customer, except for such advance payment for a www.roc.az.gov. By signing this agreement, Customer agrees to the contractual change or alteration to the repair as agreed to in a Change Order. Customer further provisions of the above referenced Work Order Agreement, to the additional terms authorizes and instructs Customer's insurer to pay Contractor for covered work either of this Repair and Replacement Agreement and to Contractor’s Standard Terms and by joint check or directly to Contractor in the amount on Contractor’s final billing in Conditions version 2018.01.01, all of which shall apply to the obligations of Contractor connection with the services rendered by Contractor. In the event Customer’s insurer and Customer issues a check identifying the Customer and Contractor as co-payees, the Customer

1/10/2024 Customer Signature: ___________________________________________ Date: ____________________

Contractor Signature: __________________________________________ Date: ____________________ Received 7/18/24, 3:28 PM State of Arizona Mail - ROC Citation 2024-04699 7/18/2024 ROC Legal

Answers - AZROC <[email redacted]>

ROC Citation 2024-04699 message

Paul Redman <[email redacted]> Thu, Jul 18, 2024 at 2:13 PM To: [email redacted]

Hi,

Please see attached documents for our response. This is the digital copy as the physical copies have been mailed via certified mail.

-- -- Paul Redman 1695 W Sahuaro Drive Tucson, AZ 85745 arizonarestorationpros.com

attachments 20240614 C009 Written Directive-2024-04699 (2).pdf 157K Doc Apr 29 151458 (1).pdf 324K Chambers_Work Authorization (1) (1) (1).pdf 358K NewRebuildContract (2) (1).pdf 309K SignedROCDoc1.pdf 673K SignedROCDoc2.pdf 549K

https://mail.google.com/mail/b/AEoRXRRCFX44Hv_WYtuX1QaluU6OYfz44nsl_DrZIuiLQYBGalDI/u/0/?ik=581c53cf5c&view=pt&search=all&permthid… 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