2024A-04711-CHC-ROC Notice of Hearing & Packet MAILED 2024-04711.pdf

2024A-04711-CHC-ROC · Registrar of Contractors · 2024-08-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nancy Kuta , Case No. 2024-04711

COMPLAINANT, Docket No. 2024A-04711-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor License No. ROC 322410,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

October 16, 2024 1:00 PM Amy Haley Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on July 17, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(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 August 29, 2024.

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

Copy mailed via USPS First Class mail August 29, 2024 to:

Respondent(s) Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste. 10 Chandler, AZ 85286 Respondent's Attorney Samuel Wang, Esq. 3100 W Ray Rd Ste 201 Chandler, AZ 85226 Complainant(s) Nancy Kuta 16604 N 108th St Scottsdale, AZ 85255

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2024-04711 /

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: Nancy Kuta 16604 N 108th Street Scottsdale, AZ 85255

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: Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 10, 2024

Re: Complaint No. 2024-04711

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for June 6, 2024 at 1:30 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

Cc: File Respondent Complainant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 David Fagerburg #210

June 6, 2024 - 1:30 PM

16604 N 108th St Scottsdale, AZ 85255

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-04711 Investigator: David Fagerburg #210 Inspection Date: June 6, 2024 Inspection Time: 1:30 PM

Complainant: Nancy Kuta, Respondent: Kitchen and Bath Homeowner Remodeling LLC, Mike Petrucelli, Not Present: Representing ROC 322410 Not Present:

Jobsite General Notes: Both parties were present at this jobsite inspection JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Note: 1: Upon reviewing the written contract submitted by the complainant I am able to verify there is at least 1 of the 9 minimum elements of a contract missing violating ARS §32- 1158 (A) Minimum elements of a contract. Specifically #4 and #5.

Complaint Narrative: Contractor has lied repeatedly throughout the process regarding timing, process, materials, etc. Every single step has had to be redone at least once. They do not show up or complete work as promised and now refuse to finish. I have paid $5,000 more than what has been completed. One entire room has not even been started.

Compliant Item 1: Electrical work not done by licensed electrician Investigator’s Observation: At this jobsite investigation the respondent stated that Cactus Valley Electric ROC 330931 CR Electrical is who performed the electrical work. Upon reviewing the license status I am able to verify the license is currently active. During this jobsite investigation the complainant showed me where a light switch has been relocated and an electrical outlet was added in the laundry room storage closet. See P (3) and P (4). The complainant demonstrated that the modifications to the electrical inside the master bathroom vanity has no power and there is exposed wiring. See P (5) and P (6). The respondent shall correct the electrical modifications in the master bathroom vanity that are not to code and have no power by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Compliant Item 2: Cabinet doors for family room not delivered/installed (contractor has shelf from wall unit for matching) Investigator’s Observation: At this jobsite investigation I observed and am able to verify there are 6 cabinet doors in the family room with the wrong color stain and the new cabinet doors have not been delivered or installed and there is a missing shelf. See P (7). During this jobsite investigation the respondent acknowledged the cabinet doors are ready for installation and the missing shelf taken for a color match will be returned and installed. The respondent shall complete the cabinet door installation and provide the missing shelf by appropriate means. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 3: Hall bathroom remodel not started. 0% completion Investigator’s Observation: At this jobsite investigation both parties acknowledged that this portion of the project has been cancelled. Governing Rule: No Action

Compliant Item 4: Laundry room tile not sealed Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the laundry room tile has been sealed by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Compliant Item 5: Washer and dryer not reinstalled/hooked up into laundry room Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the washer and dryer was reinstalled by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Compliant Item 6: Exterior stucco and paint around installed windows not completed Investigator’s Observation: At this jobsite investigation the respondent acknowledged that the 2 windows were replaced with smaller windows and agreed the stucco and paint is not complete. The respondent shall complete the stucco and paint at the 2 master bathroom windows by appropriate means. See P (8) thru P (10), P (12) and P (13). Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 7: Cabinet pulls and knobs not installed in laundry or master bath Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the cabinet pulls and knobs in the laundry room and n=master bathroom were installed by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Compliant Item 8: Trim on tile/ vanity not installed in master bath Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the trim on the tile to vanity was installed by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Compliant Item 9: Shower tile/grout not sealed Investigator’s Observation: At this jobsite investigation in the master shower I observed ceramic tile installed in a herring bone pattern. See P (11) and P (12). The respondent stated that the tile is ceramic and does not require a sealer. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification to seal the shower tile and grout. Governing Rule: No Action

Compliant Item 10: Shower glass not as ordered Investigator’s Observation: At this jobsite investigation the complainant showed me where there are 2 towel holders installed in the fixed shower glass and the holders are too close together so the towels cannot properly dry. During this jobsite investigation the complainant stated that the respondent sent a photo of the shower glass towel holder layout and the layout was not what was installed. The respondent was unsure whether or not the complainant dealt with the glass company directly. The complainant stated that they did not deal with the glass company directly and does have any contact information. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to where the towel holders on the shower glass are to be located. The respondent stated that if the glass is the responsibility of the respondent the glass will be replaced with the agreed upon towel holder layout. After this jobsite investigation during a phone conversation on June 19, 2024 the respondent informed me that there is no documentation related to the photo or communication sent to the complainant, acknowledged the layout for the towel holders is incorrect and agreed to replace the glass. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 11: Shower glass not caulked Investigator’s Observation: At this jobsite investigation both parties acknowledged that if the shower glass is replaced there is no need to caulk the existing glass to tile joint. After this jobsite investigation during a phone conversation on June 19, 2024 the respondent informed me that there is no documentation related to the photo or communication sent to the complainant, acknowledged the layout for the towel holders is incorrect and agreed to seal the shower glass to tile joint after the glass is replaced. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Compliant Item 12: Clean up of concrete debris in landscaping not completed Investigator’s Observation: At this jobsite investigation the complainant showed me where there are remnants of mortar buried under the gravel near the sidewalk leading to the backyard. See P (14). I am unable to determine whether or not the buried mortar remnants observed are the result of poor workmanship by the respondent or who may have buried the mortar remnants. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Compliant Item 13: Door handle to master bedroom door went missing by demo and has not been replaced (matched all handles in house) Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the master bedroom door handle was replaced by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Compliant Item 14: Touch up throughout not completed (drywall, paint, light switches, etc) Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the touch up throughout was completed by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Compliant Item 15: Wrong type of glass in windows installed (request and told clear, has green tint) Investigator’s Observation: At this jobsite investigation I had no knowledge as to what type or color of window glass was requested. During this jobsite investigation I observed 2 windows installed in the master bathroom that appear to have a slight green tint. See P (8), P (9), P (12) and P (13). Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to the type or color of the window glass for the 2 master bathroom windows. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

Compliant Item 16: Excessive waste of floor tile, leaving not enough for hall bath yet to be started Investigator’s Observation: At this jobsite investigation the complainant explained that there was enough floor tile purchased for the second phase of the project that has now been cancelled. I am unable to determine how much tile may have been purchased or if there was excessive waste during the first phase of the project. Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov RCC100 11/18

Complainant: Nancy Kuta 16604 N 108th Street Scottsdale, AZ 85255

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: Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Chandler, AZ 85286

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 19, 2024

License No. ROC 322410

Re:Complaint No. 2024-04711

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday July 12, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 10: Shower glass not as ordered Investigator’s Observation: At this jobsite investigation the complainant showed me where there are 2 towel holders installed in the fixed shower glass and the holders are too close together so the towels cannot properly dry. During this jobsite investigation the complainant stated that the respondent sent a photo of the shower glass towel holder layout and the layout was not what was installed. The respondent was unsure whether or not the complainant dealt with the glass company directly. The complainant stated that they did not deal with the glass company directly and does have any contact information. Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to where the towel holders on the shower glass are to be located. The respondent stated that if the glass is the responsibility of the respondent the glass will be replaced with the agreed upon towel holder layout. After this jobsite investigation during a phone conversation on June 19, 2024 the respondent informed me that there is no documentation related to the photo or communication sent to the complainant, acknowledged the layout for the towel holders is incorrect and agreed to replace the glass. Governing Rule: ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 5: Washer and dryer not reinstalled/hooked up into laundry room Investigator’s Observation: At this jobsite investigation the complainant acknowledged that the washer and dryer was reinstalled by another person. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliant Item 15: Wrong type of glass in windows installed (request and told clear, has green tint) Investigator’s Observation: At this jobsite investigation I had no knowledge as to what type or color of window glass was requested. During this jobsite investigation I observed 2 windows installed in the master bathroom that appear to have a slight green tint. See P (8), P (9), P (12) and P (13). Upon reviewing the written contract submitted by the complainant I am able to verify there is no specification as to the type or color of the window glass for the 2 master bathroom windows. There is insufficient evidence to substantiate this complaint item. Governing Rule: No Action

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

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

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

Nancy Kuta, Case No. 2024-04711 COMPLAINANT, v.

Kitchen and Bath Remodeling LLC, CITATION DBA: Arizona Cabinets and Decor, License No. ROC 322410, RESPONDENT.

The Registrar issues this Citation to Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 1, 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 24, 2024, Nancy Kuta (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

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 contractor shall perform all work in a professional and workmanlike manner. 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. 2024-04711. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] 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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 1, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after

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

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 Dated July 17, 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 17, 2024 to: Respondent Certified Mail No: [number redacted] Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286 Copy mailed by USPS First Class Mail this same date to:

Respondent Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E Germann Ave Ste 10 Chandler, AZ 85286 Complainant Nancy Kuta 16604 N 108th St Scottsdale, AZ 85255 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. 2024-04711

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)

Nancy Kuta Mailing Address (Enter jobsite in Contract/Project section) City State Zip

16604 N 108th Street Scottsdale Arizona 85255 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Kitchen and Bath Remodeling LLC ROC 322410 Street Address City State Zip

1710 E Germann Ave Chandler AZ 85286 Phone Number Email

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

Mike Petrucelli;Carlos Mendoza;David;Luis Contract/Project Information Contract Date Contract Amount Amount Paid

October 24, 2023 $83,867.80 $63,746.00 Date Work Started Date Work Stopped Date Work Was Completed

February 19, 2024 April 23, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

16604 N 108th Street Scottsdale AZ 85255 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment;Poor Work I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

They have along the way, but open items and incomplete work remain The contract was Written All change orders were N/A This project was Residential This project involved Remodel

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)

Contractor has lied repeatedly throughout the process regarding timing, process, materials, etc. Every single step has had to be redone at least once. They do not show up or complete work as promised and now refuse to finish. I have paid $5,000 more than what has been completed. One entire room has not even been started. Allegations Listed on Complaint:

Electrical work not done by licensed electrician

Cabinet doors for family room not delivered/installed (contractor has shelf from wall unit for matching)

Hall bathroom remodel not started. 0% completion

Laundry room tile not sealed

Washer and dryer not reinstalled/hooked up into laundry room

Exterior stucco and paint around installed windows not completed

Cabinet pulls and knobs not installed in laundry or master bath

Trim on tile / vanity not installed in master bath

Shower tile/grout not sealed

Shower glass not as ordered

Shower glass not caulked

Clean up of concrete debris in landscaping not completed

Door handle to master bedroom door went missing by demo and has not been replaced (matched all handles in house)

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Touch up throughout not completed (drywall, paint, light switches, etc)

Wrong type of glass in windows installed (request and told clear, has green tint)

Excessive waste of floor tile, leaving not enough for hall bath yet to be started

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

Nancy Kuta \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Received 8/1/2024 ROC Legal

Samuel Wang, Esq. (No. 033911) LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd., Suite 201 Chandler, Arizona 85226 (602) 492-7766 [email redacted] Attorney for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA NANCY KUTA COMPLAINANT, vs. WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 KITCHEN AND BATH REMODELING LLC, DBA: ARIZONA CABINETS AND DECOR, License No. ROC 322410, RESPONDENT.

Respondent Kitchen and Bath Remodeling LLC, DBA: Arizona Cabinets and Decor (“Respondent”) has retained this law firm to represent its interests in the above- referenced Citation (No. 2024-04711; the “Citation”). Respondent is in receipt of the

Complaint dated April 24, 2024, filed by Complainant Nancy Kuta regarding the property located at 16604 N 108th St, Scottsdale, AZ 85255 (the “Property”). Respondent is in receipt of the citation issued July 17, 2024. Respondent hereby files this Written Answer to the Citation showing why the Citation should be dismissed in its entirety and why

Complainant should be granted no relief.

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 1 Received 8/1/2024 ROC Legal

ARGUMENT Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Respondent acknowledges the importance of performing all work in a professional

and workmanlike manner. However, Respondent was faced with several significant

obstacles that prevented the timely completion of the work as directed. 1. Uncooperative Behavior by Complainant: The Complainant exhibited uncooperative behavior, refusing to allow Respondent access to the property to

perform the required work. Despite multiple attempts to schedule and conduct the

necessary work, Complainant denied access or ignored communication attempts. Text messages and emails supporting Respondent’s attempts to work with Complainant are attached as Exhibit A. 2. Health and Family Issues: During the period when the directive was issued,

Respondent was dealing with serious health issues in his family. Respondent received a call that his grandfather had a heart attack and would likely pass within a day. As Respondent has a close relationship with this grandfather, he left town immediately to be with his grandfather and family. Additionally, Respondent had

just become a new father and was/is adjusting to the difficulties that come with that

new responsibility. These personal circumstances significantly impacted Respondent's ability to follow up promptly. Despite these challenges, Respondent made efforts to comply with the directive as soon as possible.

3. Degrading Behavior by Complainant: Complainant yelled, used profanity, and

degraded the employees of Respondent, creating a toxic work environment. This

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 2 Received 8/1/2024 ROC Legal

behavior made it challenging for Respondent to find employees willing to work on the project. Specifically, one of the employees asked to be removed from the project due to Complainant’s degrading language.

Charge 2: A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Respondent acknowledges the requirement to comply with the chapter in all material respects. However, the failure to complete the work was not due to negligence or disregard for the directive.

1. Complainant’s Refusal Post-Directive Expiry: Respondent made contact with

Complainant the day after the directive expired. However, Complainant refused to allow Respondent to perform any work. Subsequent attempts to negotiate and arrange for the completion of the work were met with refusal and uncooperative behavior from Complainant. Text messages and emails supporting Respondent’s

attempts to work with Complainant are attached as Exhibit A. 2. Documented Attempts: Respondent has documented evidence of communication attempts and messages sent to Complainant, demonstrating efforts to comply with the directive and complete the work. These attempts show a willingness to comply

with the directive despite the challenges faced. Text messages and emails

supporting Respondent’s attempts to work with Complainant are attached as Exhibit A. Charge 3: A.R.S. § 32-1154(A)(22)

Respondent acknowledges the requirement to take appropriate corrective action

within a reasonable period after receiving a written directive.

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 3 Received 8/1/2024 ROC Legal

1. Personal Circumstances and Health Issues: As mentioned earlier, Respondent was dealing with significant personal and health issues during the period of the directive. These circumstances affected Respondent’s ability to follow up

immediately and resolve the issues.

2. Attempts to Comply: Despite the personal challenges, Respondent made efforts to comply with the directive by attempting to contact Complainant and arrange for the completion of the work. The documented attempts to schedule the work and

the refusal by Complainant to allow access are critical factors that should be

considered in evaluating this charge. Text messages and emails supporting Respondent’s attempts to work with Complainant are attached as Exhibit A. Respondent's History Respondent Kitchen and Bath Remodeling LLC, DBA: Arizona Cabinets and

Decor, has a longstanding history of providing quality workmanship and professional services to its clients throughout Arizona. Since obtaining its contractor's license, Respondent has consistently adhered to the standards set forth by the Arizona Registrar of Contractors (ROC) and has completed numerous projects to the satisfaction of its

clients.

Respondent has never faced any previous citations or disciplinary actions from the ROC. This clean record demonstrates Respondent's commitment to maintaining high standards of workmanship and professionalism in all its projects. Respondent takes pride

in its reputation and has always strived to address any client concerns promptly and

effectively.

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 4 Received 8/1/2024 ROC Legal

Request for Informal Settlement Conference Pursuant to A.R.S. § 41-1092.06, Respondent hereby requests an informal settlement conference to discuss the issues raised in the Complaint and to explore potential

resolutions. Respondent believes that an informal settlement conference will provide an

opportunity to address the concerns raised by Complainant in a constructive and cooperative manner. Respondent is committed to resolving this matter amicably and is willing to work

with Complainant and the ROC to find a mutually acceptable solution. Respondent

requests that the Registrar schedule the informal settlement conference within 15 days of receiving this request, as stipulated by A.R.S. § 41-1092.06(A). CONCLUSION For the above-mentioned reasons, the Citation should be dismissed. The ROC lacks

jurisdiction to hear or render a decision on many of the issues due to Complainant’s uncooperative behavior and the extenuating personal circumstances faced by Respondent. Additionally, Respondent made documented efforts to comply with the directive, and the failure to complete the work was not due to negligence or disregard for the directive.

RESPECTFULLY submitted this 1st day of August, 2024.

LAW OFFICES OF SAMUEL WANG, PLLC /s/ Samuel Wang Samuel Wang, Esq. (No. 033911) Attorney for Respondent

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 5 Received 8/1/2024 ROC Legal

ORIGINAL sent this 1st day of August 2024 to:

Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors [email redacted] /s/Samuel Wang

WRITTEN ANSWER TO CITATION CASE NO. 2024-04711 - 6 Received 8/1/2024 ROC Legal

EXHIBIT A Received 8/1/2024 ROC Legal Received 8/1/2024 ROC Legal Received 8/1/2024 ROC Legal Received 8/1/2024 ROC Legal Received 8/2/24, 7:52 AM State of Arizona Mail - Answer to Citation CASE NO. 2024-04711 8/1/2024 ROC Legal

Answers - AZROC <[email redacted]>

Answer to Citation CASE NO. 2024-04711 message

Samuel Wang <[email redacted]> Thu, Aug 1, 2024 at 5:35 PM To: [email redacted]

Please see the attached answer to the citation #CASE NO. 2024-04711.

Thanks,

Samuel Wang, Esq. Attorney at Law LAW OFFICES OF SAMUEL WANG, PLLC 3100 W Ray Rd. Suite 201 Chandler, AZ 85226 Telephone: (602) 492-7766 [email redacted] samuelwanglaw.com

NOTICE: The information contained in this electronic mail transmission is intended by Law Offices of Samuel Wang, PLLC for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Law Offices of Samuel Wang, PLLC at 1- 602-492-7766, so that our address record can be corrected. NOTICE: THIS COMPANY IS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This notice is required by the provisions of the Fair Debt Collection Practices Act and do not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States.

2024 08 01 - FINAL- ROC Response - K&B:Kuta.pdf 1043K

https://mail.google.com/mail/b/AEoRXRSoWCusdKx5TyIB500hPlFjaGSKwW18N_6VC3DmWcKWSThP/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Nancy Kuta, Case No. 2024-04711 COMPLAINANT, v. Kitchen and Bath Remodeling LLC, ORDER DENYING REQUEST TO DBA: Arizona Cabinets and Decor, DISMISS License No. ROC 322410, RESPONDENT.

BACKGROUND On July 17, 2024 the Registrar issued a citation against Respondent’s License No. 322410. Respondent filed its Answer on August 1, 2024. The Answer included a request to dismiss the citation and close the complaint based on Complainant being uncooperative and Respondent’s extenuating personal circumstances. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. Respondent did not provide sufficient evidence to show that Complainant was not cooperative during the written directive period. The issues underlying the Citation and Complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. A Notice of Hearing will be issued in due course. Dated August 21, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 21, 2024 to: Respondent(s) Kitchen and Bath Remodeling LLC DBA: Arizona Cabinets and Decor 1710 E. Germann Ave., Ste. 10 Chandler, AZ 85286 Respondent’s Attorney Samuel Wang, Esq. Law Offices of Samuel Wang, PLLC 3100 W. Ray Rd., Ste. 201 Chandler, AZ 85226 Complainant(s) Nancy Kuta 16604 N. 108th St. Scottsdale, AZ 85255 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar Case No. 2024-04711/

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St.– Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602)542-1525 Toll Free (877)692-9762 Lg127 5/21 Received 8/1/2024 ROC Legal