2024A-04817-CHC-ROC Notice of Hearing & Packet MAILED 2024-04817.pdf

2024A-04817-CHC-ROC · Registrar of Contractors · 2024-09-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Biolchini , Case No. 2024-04817

COMPLAINANT, Docket No. 2024A-04817-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Premier Paradise Inc. License No. ROC 298760,

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

HEARING INFORMATION The hearing is set for:

October 23, 2024 1:00 PM Jenna Clark 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 August 28, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 4, 2024.

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

Copy mailed via USPS First Class mail September 4, 2024 to:

Respondent(s) Premier Paradise Inc. P O Box 1281 Queen Creek, AZ 85142

Complainant(s) Robert Biolchini PO Box 5154 Carefree, AZ 85377

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. 2024-04817 /

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: Robert Biolchini PO Box 5154 Carefree, AZ 85377

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: Premier Paradise Inc DBA: P O Box 1281 Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 26, 2024

Re: Complaint No. 2024-04817

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, May 23, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

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

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complaint #2024-04817 P 1 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 2 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 3 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 4 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 5 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 6 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 7 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 8 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 9 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 10 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Complaint #2024-04817 P 11 JSI date 5/23/2024 at 10:00 AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-04817 Investigator: Joey Chester Inspection Date: Thursday, May 23, 2024 Inspection Time: 10:00 AM

Complainant: Robert Biolchini Respondent: Premier Paradise Inc Not Present: Not Present:

Jobsite General Notes: JSI occurred on Thursday May 23rd 2024 at 10:00am. Homeowner Robert Biolchini was present along with Josh and Mike with Premier Paradise. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item 1: Ramada installed twice incorrect (Ramada errors discovered by owners twice) Still defective Investigator’s Observation: At time of inspection, noticed Ramada leaning towards left, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 2: concrete decking inconsistent, cracking, bad cuts, not square, etc Investigator’s Observation: Respondent stated that they will lay tile over the concrete and agreed by both parties, respondent to complete tile job by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: 2-3 week periods, no appearance on job site which happened multiple times, No return phone call from owner when problems occurred Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It therefore and cannot be evaluated by the ROC. Governing Rule: N/A

Complaint Item 4: Grade and drainage not completed by pool decking Investigator’s Observation: Complaint item had been completed/corrected prior to 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

this JSI. Governing Rule: N/A

Complaint Item 5: No door to mechanical (door is not part of the contract according to company owner) Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: N/A

Complaint Item 6: no communication with plant revegetation/destroyed existing plant matter. Needs to be replaced, made owner responsible for obtaining CO Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Governing Rule: N/A

Complaint Item 7: no electrical plan froth coming which was verbally discussed with owner of company (lights, etc) Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item. Governing Rule: N/A

Complaint Item 8: caught by owner, existing outdoor shower plumbing and roof runoff drain was not repiped properly Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: N/A

Complaint Item 9: riprap was discussed to be installed in disturbed area and now denied by owner of company Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item. Governing Rule: N/A

Complaint Item 10: missing cactus from property where remodel occurred. company promised to replant them Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Governing Rule: N/A

Complaint Item 11: south wall of pool not straight Investigator’s Observation: Pool was incomplete at time of inspection, Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 12: poor job site cleanup Investigator’s Observation: Unable to verify, no evidence to prove or verify 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 constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

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

Complainant: Robert Biolchini PO Box 5154 Carefree, AZ 85377

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: Premier Paradise Inc DBA: P O Box 1281 Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 30, 2024

License No. ROC 298760

Re:Complaint No. 2024-04817

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 Monday, June 24, 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 2: concrete decking inconsistent, cracking, bad cuts, not square, etc Investigator’s Observation: Respondent stated that they will lay tile over the concrete and agreed by both parties, respondent to complete tile job by appropriate means This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item 4: Grade and drainage not completed by pool decking Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 8: caught by owner, existing outdoor shower plumbing and roof runoff drain was not repiped properly Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: N/A

Complaint Item 12: poor job site cleanup Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being incomplete. Governing Rule: N/A

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

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Robert Biolchini PO Box 5154 Carefree, AZ 85377

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: Premier Paradise Inc DBA: P O Box 1281 Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 19, 2024

License No. ROC 298760

Re:Complaint No. 2024-04817

WRITTEN DIRECTIVE FROM THE REGISTRAR - Extension

Dear Respondent:

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

Complaint Item 2: concrete decking inconsistent, cracking, bad cuts, not square, etc Investigator’s Observation: Respondent stated that they will lay tile over the concrete and agreed by both parties, respondent to complete tile job by appropriate means This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

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

Complaint Item 4: Grade and drainage not completed by pool decking Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: N/A

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

Sincerely,

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Robert Biolchini PO Box 5154 Carefree, AZ 85377

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

C012 12/23 Respondent: Premier Paradise Inc P O Box 1281 Queen Creek, AZ 85142

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

C012 12/23 July 16, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-04817

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Monday, August 12, 2024 at 2:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

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

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

C012 12/23 Complaint #2024-04817 P 1 CJSI date 8/12/2024 at 2:00pm CJSI PHOTOS Complainant: Robert Biolchini PO Box 5154 Carefree, AZ 85377

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Premier Paradise Inc DBA: P O Box 1281 Queen Creek, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-04817 Investigator: Joey Chester Inspection Date: Thursday, May 23, 2024 Inspection Time: 10:00 AM

Compliance Jobsite General Notes: CJSI occurred on Monday August 12th 2024 at 2:00pm. Homeowner Robert Biolchini was present along with Josh from Premier Paradise Inc. CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item 1: Ramada installed twice incorrect (Ramada errors discovered by owners twice) Still defective Investigator’s Observation: At time of cjsi the ramada has been corrected in tilt, lights in the ramada had yet to be installed.

Complaint Item 2: concrete decking inconsistent, cracking, bad cuts, not square, etc Investigator’s Observation: At the time of cjsi the tile has mostly been completed, the stairs near the pool equipment along with the floor of the pool equipment area has yet to be completed.

Complaint Item 11: south wall of pool not straight Investigator’s Observation: The wall was untouched, no work was started on this item.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Received 8/28/24, 8:10 AM State of Arizona Mail - Biolchini - Citation and Complaint 2024-04817 8/27/2024 ROC Legal

Answers - AZROC <[email redacted]>

Biolchini - Citation and Complaint 2024-04817 message

Amber Mills <[email redacted]> Tue, Aug 27, 2024 at 4:33 PM To: "[email redacted]" <[email redacted]> Cc: Jeromey Naugle <[email redacted]>, Wendy Watson <[email redacted]>, Joshua Ervin <[email redacted]>

To whom it may concern,

Regarding the written directive requirements, we have remedied the items and did so in the allotted time given by ROC Investigator John Chester.

Mr. Chester was notified by Premier Paradise Inc. on 7/3/24 that we would have everything completed 7/5/24. On 7/15/24 we received email correspondence from Mr. Chester to schedule the compliance inspection on 8/12/24, which we confirmed.

On 8/12/24 Premier Paradise Inc. representative Josh Ervin was onsite for the compliance meeting and upon arriving Mr. Biolchini was already stating that he was not accepting anything. He began to bring up more things not on the directive that he was not happy about at which time Josh asked Mr. Chester if they could focus on all the work completed on the directive. When Mr. Biolchini began yelling, swearing, and getting upset, Mr. Chester immediately stated he would be sending the case to legal.

Once we received the directive we scheduled and started work immediately and worked everyday until it was completed. We took and offered to send progress pictures daily.

Once we got to the point where we were ready to install pebble in the pool, we reminded Mr. Biolchini again that per the contract that he signed, final payment was due. We had scheduled pebble with our subcontractor for installation on 6/20/24, however this was subsequently cancelled on 6/18/24 due to refusal of payment by Mr. Biolchini. Mr. Biolchini refused to pay the final payment draw that is due prior to install, he has been informed many times that we will not preform interior pebble installation without his final draw payment.

It is our opinion, this is an issue of him not wanting to pay his final payment and he is using the ROC as a platform for him to try to force the pebble installation without having to pay the final payment, which would make this a contract dispute and not a workmanship issue. We have gone above and beyond to try to make this homeowner happy and it’s proving impossible.

Complaint Item 1: Ramada installed twice incorrect (Ramada errors discovered by owners twice) Still defective.

Investigator’s Observation: At time of inspection, noticed Ramada leaning towards left, respondent will need to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Response: This was remedied. Please see attachment from our engineer of record dated 6/10/24

Complaint Item 2: concrete decking inconsistent, cracking, bad cuts, not square, etc.

https://mail.google.com/mail/b/AEoRXRR0Gp5aq_9a4bSEMAUpX0i2gvzaoW5TLN9IhEB0hUTGZHPD/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/3 Received 8/28/24, 8:10 AM State of Arizona Mail - Biolchini - Citation and Complaint 2024-04817 8/27/2024 Investigator’s Observation: Respondent stated that they will lay tile over the concrete and agreed by bothROC Legal parties, respondent to complete tile job by appropriate means.

Response: All tile was placed on deck area agreed upon.

Complaint Item 11: south wall of pool not straight.

Investigator’s Observation: Pool was incomplete at time of inspection, Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions.

Response: The south wall of the pool was corrected and is awaiting final interior installation once final draw payment is made in accordance with the contract signed by the homeowner.

attachments 20240828 Citation & Complaint 2024-04817.pdf 1344K 20240530 Written Directive 2024-04817.pdf 150K

https://mail.google.com/mail/b/AEoRXRR0Gp5aq_9a4bSEMAUpX0i2gvzaoW5TLN9IhEB0hUTGZHPD/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 2/3 Received 8/28/24, 8:10 AM State of Arizona Mail - Biolchini - Citation and Complaint 2024-04817 8/27/2024 ROC Legal Biolchini Contractor Site Visit Sealed 6-10-24.pdf 472K

https://mail.google.com/mail/b/AEoRXRR0Gp5aq_9a4bSEMAUpX0i2gvzaoW5TLN9IhEB0hUTGZHPD/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 3/3 Received 8/27/2024 ROC Legal

June 10, 2024 Job Number: AZ-2398.001

Premier Paradise Inc 4100 S Lindsay Rd Gilbert, AZ 85297 Attention: Jeromey Naugle

Regarding: Summary of Proposed Alterations Biochini Residence Addition 7777 E Celestial St Carefree, Arizona

Dear Mr. Naugle:

This letter summarizes our review of proposed changes regarding construction of a ramada at the subject site. Reference is made to the project plans prepared by AMMTEC. The project is a ramada structure addition with maximum unsupported spans of less than 20 feet. The addition is a lightweight steel framed structure with foundation loads on the order of less than 1,500 psf. AMMTEC arrived on site as a consultant for Premier Paradise Inc. The list of complaints that would include AMMTEC only totaled one. One of the steel rafters is one inch lower than the other steel rafters. Presented below is a summary of the proposed construction alterations as they pertain to this project along with our respective opinions:

Chip out the concrete around the steel column that has the lower cantilevered beam to expose the baseplate. The structure is required to be elevated at the end of the cantilever by approximately 1 ½ inches after loading. The structure is loaded and deflected about 5 inches during loading. In order to relevel the ramada, AMMTEC recommends the following: 1) Chip out the concrete around the steel column that has the lower cantilevered beam to expose the baseplate. 2) Support the cantilevered end with adjustable jacks. 3) Loosen the two nuts in the direction of the cantilevered beam. 4) Use the adjustable jacks to elevate the structure to an elevation that will match the adjacent beam. 5) Place two solid steel wedges into the gap between the concrete foundation and the steel baseplate. 6) Lower the shoring and check the location deflection of the rafter beam. 7) If the rafter beam is still too low, raise the cantilever beam again with the adjustable jacks. 8) Repeat until the adjustable jacks can be removed and the beam is in the correct location. 9) Once the owner is satisfied with the beam elevation, pack five star grout or equivalent beath base plate to prevent any additional movement of the column-beam system. 10) Close up the hole with concrete to match the existing.

Based on the above, it is AMMTEC’s professional opinion that the proposed alterations as described herein are in general accordance with the project plans. Attached please find calculations supporting AMMTEC’s conclusions. We trust this provides you with the necessary information required at this time. If you have any questions, please contact us.

Respectfully Submitted,

Michael King P.E. Senior Engineer

Jun 10, 2024

2447 W 12th Street, Suite 1 Tempe, AZ 85281 Phone: (480) 927-9696 Email: [email redacted] Biolchini Inspection REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Robert Biolchini, Case No. 2024-04817

COMPLAINANT, v. CITATION Premier Paradise Inc., License No. ROC 298760,

RESPONDENT.

The Registrar issues this Citation to Premier Paradise Inc., (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 12, 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 25, 2024, Robert Biolchini, (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04817. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 12, 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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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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 28, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 28, 2024 to: Respondent Certified Mail No: [number redacted] Premier Paradise Inc. P O Box 1281 Queen Creek, AZ 85142

Copy mailed by USPS First Class mail this same date to: Respondent Premier Paradise Inc. P O Box 1281 Queen Creek, AZ 85142 Complainant Robert Biolchini PO Box 5154 Carefree, AZ 85377 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. 2024-04817 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 Received by Investigations 04/25/2024 2024-04817

Licensed Complaint Form For Current or Suspended Licensees Instructions & Checklist

Instructions • Complete the entire complaint form. Incomplete or unsigned forms may be returned to you, which will delay the complaint process. • Attach copies of documents and information as listed in the checklist below with your complaint form. Include copies of permits, invoices, advertisements, business cards and receipts. Do not send originals as they will not be returned to you. • Do not attach the following information or documentation with your complaint:  Photos (this includes photos stored on a disk or flash drive)  Sets of plans, specifications, drawings, sketches, etc.  Samples (such as flooring, brick, paint, roofing, landscape rock, etc.) • Investigators will take their own photos, review your plans and/or specifications, drawings, sketches, and visually inspect any samples as necessary at the time of the jobsite inspection. Please be sure to have this information and documentation ready for review by the Investigator at that time. The Investigator assigned to your complaint may request to review project information prior to the inspection if necessary.

Checklist 1) Contract For written contracts, provide a copy of the original construction contract signed (by both parties) including all addenda and change orders. If the only written documents describing the contract are a proposal, bid, or invoice, please follow the instructions in b) for “if no written contract.” If no written contract, provide a written statement describing the agreement that includes the following information: The reason a written contract is not being provided (e.g. the contractor did not provide a written contract, the contract is lost, the contract was destroyed); A description of any written documents used to describe the contract, e.g. bids, proposals, invoices, receipts. (If you have copies of any of these documents, please provide them with the Complaint Form.); A description of the work to be performed under the contract (including any addenda or change orders); The names of the people who negotiated the contract; The agreed upon payment schedule; An explanation of who was to receive payment; and The date the work was to be completed.

2) Proof of Payment(s); Acceptable forms of proof of payment are copies of: Front and back of cancelled checks. Redact account numbers. Credit card statements. Redact account numbers. Executed lien releases/waivers. Bank/Lender documents showing payments/draws actually received by the contractor. Redact account numbers.

RCC099 12/05/18 Received by Investigations 04/25/2024 2024-04817

Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees Complaint Number: Mail to: Registrar of Contractors ______________________ P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any) Robert Biolchini City State Zip PO box 5154 Carefree AZ 85377 Phone Number Email 307.413.1400 [email redacted] I consent to receive communications electronically in connection with this case Yes No 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) Premier Paradise Inc 298760 Street Address City State Zip 8540 E McDowell Rd Unit 128 Mesa AZ 85207 Phone Number Email [number redacted] Name of Person(s) Representing License Jeromey Naugle Contract/Project Information Contract Date Contract Amount Amount Paid 4/13/2023 $435,623.21 $408,260.88 Date Work Started Date Work Stopped Date Work Was Completed 08/24/2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip 7777 E Celestial St Carefree AZ 85377 Name of Construction Site Owner Construction Site Name (if applicable) Robert Biolchini Phone Number of Construction Site Owner Email of Construction Site Owner 307-413-1400 [email redacted] This complaint is for Abandonment Poor Work Other _____________ I have contacted the contractor by Phone Email Letter N/A Have you filed a complaint in court? Yes No N/A If yes, provide a copy of civil complaint Has any work been corrected? Yes No If yes, by whom? ______________________ but still defective The contract was Written Oral Both All change orders were Written Oral Both N/A This project was Commercial Residential On Tribal Land This project involved New Home Remodel Repair Other ____________________ A building permit was obtained by Contractor Property Owner Building permit # ________________ 23-0103

RCC099 12/05/18 Received by Investigations 04/25/2024 2024-04817

Licensed Complaint Form For Current or Suspended Licensees

Contract/Project Information Continued List and briefly describe each complaint item ( ) (limited to 100 characters per line)

1.Ramada installed twice incorrect (Ramada errors discovered by owners twice) Still defective 2.concrete decking inconsitent, cracking, bad cuts, not square, etc 3.2-3 week periods, no appearance on job site which happened multiple times 4.No return phone call from owner when problems occured 5.Grade and drainage not completed by pool decking 6.No door to mechanical (door is not part of the contract according to company owner) 7.no communication with plant revegetation/destroyed existing plant matter. Needs to be replaced 8.made owner responsible for optaining CO 9.no electrial plan froth coming which was verbally discussed with owner of company (lights, etc) 10.caught by owner, existing outdoor shower pumbling and roof runoff drain was not repiped properly 11.riprap was discussed to be installed in disturbed area and now denied by owner of company 12.missing cactus from property where remodel occured. company promised to replant them 13.south wall of pool not straight 14.poor job site clean up 15. 16. 17. 18. 19. 20. 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 Robert Biolchini 4/25/2024

RCC099 12/ /18

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

Premier Paradise, Inc. Date: 04/10/23 8540 E. McDowell Road Unit 128 Designer: Jeromey Naugle Mesa, AZ 85207 Phone: 602-571-0372 Job # 23-01 [email redacted] CONSTRUCTION CONTRACT CUSTOMER INFORMATION Name: Biolchini Residence Phone: 307-413-1400 Street Address: 7777 E Celestial St, Phone: City: Carefree Zip: 85377 Subdivision: Lot: [email redacted] Email Address: PAYMENT SCHEDULE DOWN PAYMENT - 15%: $68,043.48 DUE AT CONTRACT SIGNING 1st DRAW - 25%: $113,405.80 DUE AT EXCAVATION 2ND DRAW - 25%: $113,405.80 DUE AT SHOTCRETE 3RD DRAW - 25%: $113,405.80 DUE AT HARDSCAPES/DECKING FINAL DRAW - 10%: $45,362.32 DUE PRIOR TO SCHEDULING INTERIOR FINISH **REFER TO ATTACHED ESTIMATE FOR PROJECT DETAILS** CONTRACT TOTAL: $453,623.21 DUE PRIOR TO SCHEDULING INTERIOR FINISH ITEMS TO BE DONE BY THE BUYER AT THEIR EXPENSE

CUSTOMERS APPROVAL PRINTED NAME:Robert Biolchini SIGNATURE: DATE:4/13/2023 PRINTED NAME: SIGNATURE: DATE:

PREMIER PARADISE, INC. DOES NOT CONDONE COMMUNICATION VIA TEXT MESSAGING WITH ANY CLIENTS AT ANYTIME. PLEASE INITIAL NEXT TO THE TYPE(S) OF COMMUNICATION YOU PREFER TO USE DURING YOUR CONSTRUCTION PROCESS.

EMAIL: EMAIL ADDRESS: PHONE: PHONE NUMBER:

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

CONSTRUCTION AGREEMENTS AND ADVISORIES PLANNING / ENGINEERING / PERMITTING Premier Paradise, Inc. will NOT be held responsible for: engineering and permit review timelines, HOA submittals and approvals, or current building violations on your property. o Client is responisble for HOA submittals & application including fees. PPI will provide plans upon request. INITIALS: _______ o If Grading & Drainage plans are required due to permitting municipality, additional costs will be associated. INITIALS: _______ o City/County review times will vary depending on project and scope. PPI is not responsible for review times. INITIALS: _______ o Client is responsible for addressing building violations found on existing property, if required. INITIALS: _______ PRE-GRADE / DEMO / EXCAVATION Premier Paradise, Inc. will NOT be held responsible for any damage caused by bringing heavy machinery through the access provided by the client. This includes but is not limited to; o Asphalt / Streets / Sidewalks / Driveways INITIALS: _______ o Existing landscaping including trees, plants, valve boxes, irrigation and low voltage lighting. INITIALS: _______ o Underground lines ran by current or previous homeowner that cannot be located by BLUE STAKE. INITIALS: _______ o Client will turn off irrigation in construction area a minimum of 7 days prior to heavy equipment arriving on site. INITIALS: _______ o If client requests soils from excavation to be left on site, Premier Paradise, Inc is not responsible for moving it. INITIALS: _______ o There will be hourly dig rates and dump fees for unusual soil conditions. Sand/River Rock/Caliche/Solid Rock INITIALS: _______ EXCAVATION ADVISORIES o Excavators will be blocking the driveway during excavation. Please be sure to park any vehicles on the street that will need to be accessed. INITIALS: _______ o Dust control procedures will be used during excavation but there will still be dust blanketed on the patios, screens and any other items left in the construction area. Client needs to move all items in construction area. INITIALS: _______ o You are responsible for the open hole and open access after excavation. If you need your access put up immediately after excavation, please advise. Wall can be put up within 48 hours after excavation completion, if required. Galvanized temporary fence panels can be delivered and installed at our cost. INITIALS: _______ o Animals MUST be restrained during the entire construction process. Galvanized temporary fence panels can be delivered and installed at our cost. INITIALS: _______ UTILITIES Client agrees to provide Premier Paradise, Inc. access to the following utilities for use during the entire construction process. o Water / Electrical / Gas INITIALS: _______ NOTE: On occasion, the GFCI connected to the exterior home outlets will trip. This GFCI reset is located inside of the garage. If there is a refrigerator located in the garage, or connected to the GFCI circuit, when the GFCI trips it will shut off all power to the refrigerator as well as the exterior outlets. Premier Paradise, Inc. will notify you immediately but will NOT be held responsible for any damages. INITIALS: _______ o When gas services are added to the project, the client will be responsible for calling Southwest Gas to upgrade their meter to handle the new gas supply needed to operate their new features. Client will need to call Southwest Gas to schedule an appointment after the final inspection is approved. Client is required to meet the gas company at their home during the upgrade. INITIALS: _______ SHOTCRETE / WATER CURING Premier Paradise, Inc. will set an automatic watering system to water cure your shotcrete shell for up to 7 days. Client is responsible for providing uninterrupted water service and will need to monitor the watering system to ensure it isn’t compromised. INITIALS: _______

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

SHOTCRETE ADVISORIES o Shotcrete and concrete trucks will be blocking the driveway during the shotcrete process. Please be sure to park vehicles in the street that will need to be accessed during shotcrete. INITIALS: _______ o Small debris will be flying around the yard during this process. Please stay indoors to avoid any injury. Please remove all furniture or miscellaneous items from the construction area to avoid damages. INITIALS: _______ o A small swimming pool of left-over concrete will remain on site. Clean up crews will be out within 3-7 business days to grade the yard and clean up the left-over concrete. INITIALS: _______ o Large black hydraulic hoses are used to transport the concrete from the street to the pool area. The hoses will leave black rubber marks on your driveway and sidewalks. This is typical and will go away during the rest of the construction process. If marks are left after construction, Premier Paradise, Inc. will NOT be held responsible. INITIALS: _______ MATERIAL DELIVERIES Material deliveries will be scheduled throughout the construction process. These materials can sit for 2-8 weeks depending on the size of the project. Premier Paradise, Inc. will locate the delivery locations unless the homeowner prefers a particular location. This material delivery location will need to be located prior to construction commencement. INITIALS: _______ TRASH / TOILETS / CLEAN UP o Premier Paradise, Inc. utilizes portable toilets for our crews. We will locate this in the access area of the project. Client can request a predetermined location as long as there is access to service the unit. INITIALS: _______ o Job site trash and construction debris will be cleaned up after shotcrete and at the final stages of the project. If extra clean up/toilet services are requested by the client, they will be responsible for associated costs. INITIALS: _______ INTERIOR FINISH INSTALLATION ALL PAYMENTS ARE DUE IN FULL PRIOR TO INTERIOR FINISH INSTALLATION. If there are outstanding items to be completed, the full payment is still required to put water in the pool. INITIALS: _______ INTERIOR FINISH ADVISORIES o Interior finish trucks will be blocking the driveway during the installation process. Please be sure to park any vehicles on the street that will need to be accessed during the installation. INITIALS: _______ o Client is required to have a hose on site to fill the pool. INITIALS: _______ o Client is responsible for filling the pool, spa or water feature. INITIALS: _______ NOTE: The appropriate water level in the pool, spa or water feature is 3” below the bottom of the decking. INITIALS: _______ o Client is required to brush the pool TWICE daily for the first 30 days to limit staining and to help with smoothing out the interior finish. INITIALS: _______ o Client is responsible for maintaining water chemistry immediately after start up. INITIALS: _______ INTERIOR FINISH DISCLAIMERS o The interior finish is a cementitious finish and it is susceptible to discoloration, mottling, “wavy” floors and walls as well as occasional rough areas. INITIALS: _______ o Water chemistry must be in balance at all times to ensure the interior finish cures properly with minimal discoloration and mottling. This is the responsibility of the client. INITIALS: _______ POOL SCHOOL / WATER CHEMISTRY / MAINTENANCE Premier Paradise includes a 2 week supply of chemicals for balancing the pool after start up. Client is responsible for maintaining water chemistry after "Pool School". INITIALS: _______

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

“POOL SCHOOL” Premier Paradise will provide “Pool School” consisting of the following: o Water Chemistry o Equipment Review & Maintenance o Warranty Review o Review Punch List Items & Provide Timeline INITIALS: _______ MAINTENANCE & WATER CHEMISTRY o With proper maintenance and water chemistry your pool equipment and interior finishes can last a lifetime. Please download and refer to the “Maintenance Agreement” in your "PROJECT MGMT" folder. INITIALS: _______ o Improper maintenance will cause loss of warranty on equipment and interior finishes. Premier Paradise is not responsible for lack of maintenance by the owner and/or service company. INITIALS: _______ WORK ORDERS / CHANGES / DELAYS o If the project experiences delays due to changes made by the client, the cleint will be responsible for costs involved for extended services. Toilets, temporary fencing, etc. INITIALS: _______ o Changes made to the project will require a signed extra work order and payment is due on reciept. INITIALS: _______ o Changes made to the project will cause delays. If the changes require our crews to mobilize to a different site, they will remain on that site until completion and then return to your project. This can cause a 3-5 week delay. INITIALS: _______ HARD DIG / OVERBREAK NOTICE o Unusual soil conditions are determined at the time of excavation, unless the client pays for a test hole to be performed by Premier Paradise, Inc. prior to construction. Additional charges for unusual soil and/or caliche conditions will occur during these conditions. Hourly charges incorporate the cost of machines and labor and dump fees for the removal of unusual soils. INITIALS: _______ OVERBREAK o During the excavation of unusual soils, such as caliche and/or sand, voids in the walls and floors of the vessel(s) will occur. It is the responsibility of the client to cover the cost of the concrete and steel reinforcement necessary to fill these voids or overbreak, in order to meet the engineer’s requirements and specifications. INITIALS: _______ COSTS o Hard dig costs are on-site bid only. In addition, client will be responsible for the dump fees associated with removing the spoils from the hard dig. Hard dig costs will occur during the utility phases as well; plumbing, gas and electric. Premier Paradise, Inc. DOES NOT mark-up hard dig costs from our contractors. INITIALS: _______ NON-WARRANTY SERVICE CALLS o Premier Paradise, Inc. will honor warranty calls for 2 years per the AZ ROC requirements. If the service call is determined to be a non-warranty call once we arrive on site, a trip charge of $125.00 will be charged and payment is required while on site. INITIALS: _______ CONTRACT TIMELINE AGREEMENT o Premier Paradise, Inc. will honor signed contracts, if full down payments are made, for up to 60 days. If the project does not start within 60 days, due to issues out of Premier Paradise, Inc. control, the contract will need to be re-written with updated price increases from vendors/suppliers/contractors. INITIALS: _______ o After the project commences, the client will be responsible for paying any and all inflation costs associated with Materials or Supplies provided by Vendros or Contractors. Premier Paradise, Inc does not hold pricing on items that are succeptable to inflation and Premier Paradise, Inc. is not responsible for absorbing such costs. INITIALS: _______

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

NOTICE OF CANCELLATION REMEDIES

1. In the event of breach or cancellation of this contract by the Buyer prior to the excavation (except as provided in the Notice of Cancellation below), Buyer agrees that $1,000.00 of the deposit is non-refundable.

2. In the event breach of contract or cancellation after excavation, Buyer shall be responsible for all job costs and expenses including lost profits sustained by the contractor.

3. In the event that any action or proceeding is brought by the buyer for purpose of determining or enforcing his or her rights under this contract, and the contractor prevails in such action or proceeding, Contractor shall be entitled to recover from Buyer all costs and expenses incurred by the Contractor in defending such action or proceeding, including but not limited to, reasonable attorney fees.

4. In the event the Contractor is required to employ an attorney to enforce collections or any payment required to be made by Buyer to Contractor under this contract, Buyer agrees to pay Contractor’s reasonable attorney’s fees even if legal action was either not instituted or not completed to judgment.

5. In the event any payment specified in this contract is not timely paid, Contractor may discontinue work until the balance due has been paid. Balance due will accrue interest at 1.5% per month.

NOTICE OF CANCELLATION

You may cancel this contract, without penalty or obligation, within 3 business days of the contract date. To cancel this contract, mail or deliver a signed and dated copy of this notice of cancellation to Premier Paradise, Inc, 8540 E. McDowell Road Unit 128, Mesa, AZ 85207 no later than midnight of the 3rd business day. If the Buyer does not cancel within three business days from the signed contract dates required by the Notice of Cancellation above, the Buyer will immediately become subject to the terms of the contract.

I HEREBY CANCEL THIS TRANSACTION PRINTED NAME: SIGNATURE: DATE:

PRINTED NAME: SIGNATURE: DATE:

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

WARRANTIES & LIMITATIONS WARRANTED ITEMS STRUCTURAL WARRANTY Premier Paradise, Inc. warrants the pool shell will remain structurally sound for as long as you own the swimming pool. Structurally sound is defined as maintaining the structural integrity of the pool shell so as to withstand all the loads without cracking or water loss. Should the shell be determined not to be structurally sound by an engineer, licensed in the state of Arizona, Premier Paradise, Inc. at no cost to the homeowner will perform necessary repairs to restore its integrity. Customer is responsible for water curing the pool shell per Premier Paradise, Inc watering instructions. SEE "WATER CURING THE SHOTCRETE" form. Initials: MANUFACTURER'S WARRANTY Paramount PV3 infloor cleaning system is warranted per the terms of the 3 year manufacturer's warranty. Lifetime labor warranty provided by Premier Paradise, Inc. Initials: YEAR UNDERGROUND WARRANTY All underground installations provided by Premier Paradise, Inc. including pool plumbing, gas lines and electrical below ground level are warranted to be free from defects in the workmanship and materials for a period of (5) years from the pool startup date. See "AZ ROC GUIDELINES" form. Initials: YEAR MATERIAL & WORKMANSHIP All of the materials and pool equipment installed by Premier Paradise, Inc. is covered for a period of 2 years. This includes but is not limited to pool pumps, filters, heaters, salt systems, ozone systems and decking materials. All natural stone materials are subject to erosion and are not covered under warranty. See "AZ ROC GUIDELINES" form. Initials: INTERIOR FINISH WARRANTY Quartz Plaster finishes are warranted for a period of (5) years, which covers labor and materials. All PEBBLE TEC Brand / WETEDGE Brand products are warranted for a period of (10) years, which covers labor and materials, by the installer. See "AZ ROC GUIDELINES" form. Initials: LIMITATIONS It is the buyer's responsibility to maintain their vessels water chemistry. Premier Paradise, Inc. does not warrant normal maintenance items such as but not limited to light bulbs, O-rings, pump seals, vacuum parts that come in contact with the vessel floor or backwash valves. Premier Paradise, Inc. does not warranty any items provided by the homeowner or owner's agent and will not be liable for damage caused by them. Premier Paradise, Inc is not responsible for incidental or consequential damages such as a result of use or ownership of your vessel. NATURAL STONE PRODUCTS ARE NOT WARRANTED AGAINST EROSION. Initials:

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

GENERAL TERMS & CONDITIONS PLANS AND SPECIFICATIONS 1. The plans and specifications form part of this Contract. In case of conflict between the previsions stated in such plans and specifications and terms within the Contract, the terms of the Contract shall prevail. 2. All measurements as provided in the plans and specifications are approximate and may vary within reasonable tolerances not to exceed 3%. Buyer and Seller agree it is impractical to fix damages for error by Contractor in the water surface area of the pool and shall be $5.00 per square foot. BUYER'S RESPONSIBILITY 3. The swimming pool, equipment and utilities shall be constructed upon the land and in the locations upon such land designated by the Buyer. Even though the Contractor may assist Buyer in locating the pool, equipment and utilities. Buyer warrants that he is familiar with the location of his property lines and that the pool site is within said property lines. The property line used to locate the pool will be the fence line and if no fence exists the property line on the plot plan will be used. However the Buyer shall have complete responsibility for the accurate determination of the property line and shall have complete responsibility for, and pay all costs necessary in obtaining all necessary zoning variances, easements, waivers, HOA approvals or associated permits. Buyer Covenants and agrees to indemnify and save harmless Contractor from any suit, action or claim of Buyer or any third person, firm or corporation for the locations of said pool by Contractor in the place designated by Buyer.

4. In the event Buyer authorized access through adjacent properties for Contractor’s use during construction, Buyer is required to obtain written permission from owner(s) of the adjacent properties for such use, and Buyer agrees to be responsible and hold Contractor harmless and accept any risk therefore. 5. It shall be the responsibility of the Buyer to furnish any water, power or other utility necessary to construct the pool at the location for the use of the Contractor. Installation of extra service and/or circuit in Buyer’s electrical panel box and/or removal and replacement of overhead wires to comply with existing codes must be paid for by Buyer above contract price. BUYER'S RESPONSIBILITY CONTINUED 6. Buyer agrees to assume all liability for damage to driveway, walks, curbs, shrubs, sewers, sprinkler systems, patio, underground lines, landscaping, fences, lawns, or any part of the swimming pool by irrigation water, vandals or any other persons or things not within the control of the Contractor. Any pool equipment or appurtenances subject to the contract delivered to the job site are Buyer’s property upon delivery and if removed are Buyer’s responsibility. UNUSUAL OR UNFORESEEN CONDITIONS 7. It is hereby mutually agreed that in the event Contractor, in excavating the location of the swimming pool, encounters any unusual or unforeseen conditions including but not limited to: caliche; mass concrete; granite; or the like; unusually large boulders or the like; subterranean water; cesspool or the like; or the flotation of the pool due to the external water; said location consists of low density fill or soil inadequate bearing capacity; said location contains underground electrical conduit, piping or other obstructers not apparent from an inspection of the surface requiring removal or alteration; if blasting, jackhammer work, ripper tooth type construction or any other nonstandard excavating equipment is used or required; any underground or surface water conditions interfering with the installation or operating of the completed structure; or any other unusual conditions unforeseen by the Contractor, the Buyer agrees to pay for the costs associated with the unusual or unforeseen conditions in addition to the contract price. DRAINAGE BEYOND THE POOL DECKING IS THE BUYER'S RESPONSIBILITY. DELAYS 8. Contractor agrees to construct the pool diligently. Contractor shall not be responsible for any delays or damages caused by failure to perform work or furnish materials or equipment due to acts of god, conditions created by the threat of or incitement weather, war, riot, or other civil disturbance, strike, government, prohibition, delays caused by Buyer, non-issuance of all required permits affecting the pool, availability of construction materials, or any other reason beyond its control. Work changes or requests will delay your project for a minimum of 3-5 business days per occurrence. This will allow for design approvals, change order approvals, construction plan modifications and final sign offs including payment in full for change order.

DocuSign Envelope ID: 26919991-B158-4BA4-8469-28D67D44127B

GENERAL TERMS & CONDITIONS CONTINUED WORK CHANGES 9. Requests for any changes or additions to this contract desired by the Buyer shall become part of this contract only after: 1) such requests are submitted to the contractor in writing, 2) a mutually agreed upon price is set for all requested changes or additions, and 3) the request is signed by both parties. All sums for changes or additions shall be due and payable as the work progresses concurrently with the other progress payments, and the CONTRACTOR SHALL HAVE THE RIGHT TO STOP WORK IF PAYMENTS ARE NOT MADE BY BUYER WHEN DUE. 10. Contractor assumes no responsibility or liability for any damages resulting from work performed by the Buyer, equipment or materials supplied by the Buyer, or any other sub-contractor or third party work instituted by the Buyer relating to the construction of the swimming pool, even where the Contractor or his agents may have recommended to the Buyer said equipment, materials, sub-contractor or third party.

GENERAL 11. This contract and any addendum in writing is the complete and final agreement between the parties, and the parties are not bound by statements, representations or oral expressions by any agent or persons purporting to act for or on behalf of either party. This agreement is not binding upon the contractor unless and until it is accepted by an officer thereof. Copies do not require written acceptance. When the pool is plastered and the original consumer has complied with all the terms of this contract, including payment in full, this contract shall have been completed. Buyer agrees and understands his responsibility in regards to filling the pool and maintaining the pool after the completion date. 12. Buyer agrees to water the gunite as directed from no closer than five feet from the edge of the pool for (7) days after the completion of gunite. 13. It is the Buyer’s responsibility to maintain control of pets and children in the pool construction area of the yard. Contractor hereby disclaims any and all liability arising out of or related to any circumstances involving children or pets in the pool construction area. 14. Buyer agrees to provide and maintain all necessary fencing, safety devices and barrier equipment required by state, city or local government.

PRINTED NAME: Robert Biolchini SIGNATURE: DATE:4/13/2023 PRINTED NAME: SIGNATURE: DATE: PPI REP: SIGNATURE: DATE:

8/28/24, 1:06 PM State of Arizona Mail - Biolchini - Citation and Complaint 2024-04817

Answers - AZROC <[email redacted]>

Biolchini - Citation and Complaint 2024-04817 Amber Mills <[email redacted]> Wed, Aug 28, 2024 at 10:16 AM To: "[email redacted]" <[email redacted]> Cc: Jeromey Naugle <[email redacted]>, Wendy Watson <[email redacted]>, Joshua Ervin <[email redacted]>

Hello,

I would like to edit/redact the statement regarding Mr. Biolchini swearing in front of the ROC Inspector. That was done after he had left and not in front of him. My apologies on misspeaking.

Thank you,

Amber Mills

Director of Operations Mobile #480-431-2140 [email redacted] www.PremierParadise.net

[Quoted text hidden]

attachments 20240828 Citation & Complaint 2024-04817.pdf 1344K 20240530 Written Directive 2024-04817.pdf 150K Biolchini Contractor Site Visit Sealed 6-10-24.pdf 472K

https://mail.google.com/mail/b/AEoRXRR0Gp5aq_9a4bSEMAUpX0i2gvzaoW5TLN9IhEB0hUTGZHPD/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 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.

4/25/2024 Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3