2024A-05319-CHC-ROC AMENDED Notice of Hearing and Packet MAILED

2024A-05319-CHC-ROC · Registrar of Contractors · 2024-12-02

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kristen Hahn , Case No. 2024-05319

COMPLAINANT, Docket No. 2024A-05319-CHC-ROC

v. AMENDED NOTICE OF HEARING ON CONTESTED 928 Construction, LLC CASE License No. ROC 339617,

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

HEARING INFORMATION The hearing is set for:

December 10, 2024 9:00 AM

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 October 4, 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 December 3, 2024.

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

Copy mailed via USPS First Class mail December 3, 2024 to:

Respondent(s) 928 Construction, LLC 3266 S Little Dr. Flagstaff, AZ 86005

Respondent's Attorney Megan N. Schandle, Esq. 6730 N Scottsdale Rd Ste. 101 Scottsdale, AZ 85253 Complainant(s) Kristen Hahn PO Box 4124 Sedona, AZ 86340

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. 2024-05319 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Hearing Packet for? Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted to the Registrar? 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: Kristen Hahn PO Box 4124 Sedona, AZ 86340

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: 928 Construction, LLC DBA: 3266 S. Little Dr FLAGSTAFF, AZ 86005

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 9, 2024

Re: Complaint No. 2024-05319

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, June 25, 2024 at 09:00 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,

Daniel Otero, Investigator (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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.

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Kristen Hahn PO Box 4124 Sedona, AZ 86340

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: 928 Construction, LLC DBA: 3266 S. Little Dr FLAGSTAFF, AZ 86005

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 May 15, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-05319

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 25, 2024 at 9:00 A.M has been rescheduled for Friday, June 7, 2024 at 09:00 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Complainant: Kristen Hahn PO Box 4124 Sedona, AZ 86340

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 May 21, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-05319

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 7, 2024 at 9:00 A.M. has been rescheduled for Thursday, May 30, 2024 at 1:00 PM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Jobsite Inspection Notes

Case No.: 2024-05319 Investigator: Daniel Otero Inspection Date: Wednesday, July 17, 2024 Inspection Time: 12:00 PM

Jobsite Address: 1702 and 1706 Echo Canyon Drive Clarkdale, 86324

Complainant: Kristen Hahn Respondent: 928 Construction, Not Present: LLC Not Present:

Jobsite General Notes: I arrived at the complainant’s residence at the scheduled time. We proceeded to inspect the items on the complaint list, as we entered the first apartment the doors were pointed out as needing adjustments and the fire doors in both units were not keyed the same as the other keyed doors in the units. We checked the doors throughout being demonstrated as some rubbed and others did not. The bathrooms where inspected for the allegation of the toilets being to close to the cabinets. It was determined the toilet drain was offset causing the toilet to be offset as well. We inspected the cabinets as well as the dishwasher that was not properly installed. From there we moved into the garage to see the opener and the damage that was caused by the initial installation, this was not done properly causing drywall damage and another company to come out to make the repairs. We made the same tour through the other unit and found the same allegations were verified except the opener was not worked on by anyone else, the opener was in fact installed wrong and will need to be worked on asap. There was discussion in the front yard about the grading and drainage and the pad height. At that point the meeting was concluded.

I took 26 photos with my State issued phones digital camera. The photos have been scanned into Salesforce as a PDF file.

PHOTOGRAPHIC and AUDIO EVIDENCE (PDF copy scanned to Salesforce, Raw Files are in Salesforce)

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

Representing the ROC: Investigator Otero Representing the Complainant: Jeremy & Kristen Hahn Representing the Respondent: Adam Cook, Attorney Megan

Complaint Item: - Door frames out of alignment - 1702 and 1706 Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated in both 1702 & 1706 the fire doors, entry doors and doors throughout the duplex were not working as they should with binding and rubbing on top and bottom corners when in use. This is a service within the first year of occupancy the contractor is responsible for. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - Kitchen Cabinet doors, drawers out of alignment - 1702 and 1706 Investigator’s Observation: Verified. At the time of the Inspection it was observed and demonstrated in 1702 & 1706 the cabinets need adjustments throughout. Misaligned doors in multiple directions, level and plumb. Inside the drawers there were many blow out areas from where the handles were drilled leaving splintered wood accessible for bodily harm. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - Drywall patch/texture at exterior ceiling behind front porch beam between units - poor workmanship Investigator’s Observation: Verified. At the time of the Inspection it was observed on both front and rear of the duplex between both units behind the beams there were unsightly and or incomplete drywall patches. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

A.R.S. § 32-1154(A)(3)

Complaint Item: - The clearance of the toilets in the master bathrooms does not meet the minimum 15" Code requirement Investigator’s Observation: Verified. At the time of the Inspection it was observed and demonstrated the toilet flange was installed in the incorrect location per the plan, therefore the toilet did not have the correct clearance side to side. This placement is not common in the industry. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. A.R.S. § 32-1154(A)(2)(a)

Complaint Item: - There is an extension outlet from the 200-amp electrical service panel that wasinstalled to plug in a jobsite trailer of Investigator’s Observation: Verified. At the time of the Inspection of 1706 it was observed there was an additional outlet placed below the main electrical panel that was added after later in the building process and was not on the plans or approved by the owner of the property. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. A.R.S. § 32-1154(A)(2)(a)

Complaint Item: - The dishwasher was never secured (screwed) in place. The enti re appliancepulls out from the wall when the dishwasher is Investigator’s Observation: Verified. At the time of the Inspection in 1702 it was demonstrated was not fastened into place and there was no indication that it was at anytime secured. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - The lock to the garage door is diff erent from the master key wereceived for the homes. The locks in both garages need t 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Investigator’s Observation: Verified. At the time of the Inspection it was observed and agreed by both parties the locks on the fire doors were keyed different from the rest of the doors in the house in 1702 & 1706 of the duplex. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - The backdoor slider does not slide open the way it should. Investigator’s Observation: Verified. At the time of the Inspection it was demonstrated the rear sliding glass door was difficult to open and did not fully open without struggle. This is a service within the first year of occupancy. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - The garage door in this home was not installed properly. It is only a matter of time until it falls the way 1706 did Investigator’s Observation: Verified. At the time of the Inspection it was observed the garage door in 1702 was installed identical to the door in 1706 that had to be repaired by others, since the mounting brackets for the motor that opens and closes the roll up garage had half the motor bracket screwed to a solid anchor point, and the other half screwed into drywall with no backing leaving damage and the reassembly of the roll up system to function properly. Since 1706 has been repaired by others it is only 1702 that would required to ensure the garage door opener has been installed correctly. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

Complaint Item: - The seal has failed or was not installed around the garage doors in both these homes. Investigator’s Observation: Verified. At the time of the Inspection it was observed the weather seals around both garage doors on the top and sides of the doors connected to the house were not installed correctly. They were cut 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

short with large gaps in the corners as well as not enough fasteners, this is evident with bows in the weather stripping. The Respondent will need to correct this by the appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. A.R.S. § 32-1154(A)(3)

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: - Garage door in 1706 was loose from the wall and cabling unwound, allowing door to come out of track Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item constitutes poor work due to the complaint item being modified and/or corrected by another contractor prior to the inspection, ARS §32-1155 (D)(2). There was damage to the drywall since there was no backing but the original problem of the motor damage has been taken care of. Governing Rule: Not Applicable

Complaint Item: - Site retaining walls were not constructed per plan. Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being modified prior to the JSI, ARS §32-1155 (D)(2) Governing Rule: Not Applicable

Complaint Item: - The finish floor elevation was changed from 3571.00' to 3572.71' Investigator’s Observation: ARS § 32-1154(A) 2. Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner’s duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. Since this item cannot be repaired without demolishing the entire house and starting over this will be addressed with a letter to the license in reference to the statute stated above. Governing Rule: Not Applicable

Complaint Item: - Finish Grade not gravel ready Investigator’s Observation: Unable to verify, no evidence to prove or verify complaint item constitutes poor work due to the complaint item being modified prior to the JSI, ARS §32-1155 (D)(2) Governing Rule: Not Applicable

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

Complaint Item: - Discrepany in billings of $21,096.83 from receipts and invoices from subcontractors Investigator’s Observation: This complaint item alleges a financial dispute with a licensed contractor, it alleges nothing indicating grounds for discipline under A.R.S. § 32-1154(A). The ROC has no jurisdiction over this matter. Governing Rule: Not Applicable

Complaint Item: - Garage Door Repairs: $ 325.97 - repair costs I PAID for failed garage door in 1706 Investigator’s Observation: This complaint item alleges a financial dispute with a licensed contractor, it alleges nothing indicating grounds for discipline under A.R.S. § 32-1154(A). The ROC has no jurisdiction over this matter. Governing Rule: Not Applicable

Complaint Item: - Additional Grading: $3,735.00 - excavation costs I PAID to get finish grade to" Investigator’s Observation: This complaint item alleges a financial dispute with a licensed contractor, it alleges nothing indicating grounds for discipline under A.R.S. § 32-1154(A). The ROC has no jurisdiction over this matter. Governing Rule: Not Applicable

Complaint Item: - Contractor used unlicensed concrete sub contractor to do work - Master Solutions Investigator’s Observation: This is a general statement and a broad allegation and does not implicate a specific workmanship issue. It therefore cannot be evaluated by the ROC. At the time of the inspection the complainant could not demonstrate this allegation. Governing Rule: Not Applicable

Complaint Item: - Plumbing and HVAC work (HRV system) was self- performed by the Contractor withoutproper licensing Investigator’s Observation: This is a general statement and a broad allegation and does not implicate a specific workmanship issue. It therefore cannot be evaluated by the ROC. At the time of the inspection the complainant could not demonstrate this allegation. Governing Rule: Not Applicable

Complaint Item: - Total of Owner Overpayment and Additional Owner Costs: $41,400.18 Investigator’s Observation: This complaint item alleges a financial dispute with a licensed contractor, it alleges nothing indicating grounds for discipline under A.R.S. § 32-1154(A). The ROC has no jurisdiction over this matter. Governing Rule: Not Applicable

Complaint Item: - Garage doors leaking when it rains on three sides. Investigator’s Observation: It was observed the weather seals around both garage doors on the top and sides of the doors connected to the house were not 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

installed correctly. They were cut short with large gaps in the corners as well as not enough fasteners, this is evident with bows in the weather stripping. It was not demonstrated at the time of the inspection but from my observation is a strong possibility since you can see into and outside the garage through the bows in the weatherstripping. I have video from the Complainant in the file. This similar has already been noted in the directive to be repaired so this is noted for the file as well. Governing Rule: Not Applicable

Daniel Otero, Investigator #233 (928) 637-0484 [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 C011 12/23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kristen Hahn, Case No. 2024-05319 COMPLAINANT, v. 928 Construction, LLC, CITATION License No. ROC 339617, RESPONDENT.

The Registrar issues this Citation to 928 Construction, LLC, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 19, 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 May 7, 2024, Kristen Hahn, (“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. 2024-05319. 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 October 19, 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 October 4, 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, October 4, 2024 to: Respondent Certified Mail No: [number redacted] 928 Construction, LLC 3266 S Little Dr. Flagstaff, AZ 86005

Copy mailed by USPS First Class mail this same date to: 928 Construction, LLC 3266 S Little Dr. Flagstaff, AZ 86005 Complainant Kristen Hahn PO Box 4124 Sedona, AZ 86340

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. 2024-05319

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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 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received by Investigations 05/07/2024 2024-05319 Received 10/15/2024 ROC Legal

LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] JAMES N. HANSON, #029091 [email redacted] (not for e-service) MEGAN N. SCHANDLE, #037402 [email redacted] (not for e-service)

Attorneys for Respondent 928 Construction, LLC ARIZONA REGISTRAR OF CONTRACTORS Kristen Hahn, Case No.: 2024-05319 Complainant, WRITTEN ANSWER TO THE CITATION v. 928 Construction, LLC, License No. ROC 339617 Respondent. Respondent 928 Construction, LLC, by and through undersigned counsel, answers the Citation in the above-captioned matter as follows: The Citation charges that 928 Construction may have violated: (1) A.A.C. R4-9-108(a), and therefore, A.R.S. § 32-1154(A)(3); and (2) A.R.S. § 32-1154(A)(22). 928 Construction wholly denies all charges listed in the Citation. 928 Construction further disputes the Citation to the extent it expressly or impliedly alleges any wrongdoing or liability on the part of 928 Construction, or any violations of Arizona contracting laws. 928 Construction neither committed, nor omitted, any acts with respect to the subject project that would justify the imposition of discipline to its license. Accordingly, 928 Construction respectfully requests that this matter be referred to a contested hearing before the Office of Administrative Hearings. 928 Construction reserves its right to raise all applicable legal and factual defenses at that contested hearing. 1959081 Received 10/15/2024 ROC Legal

DATED this 15th day of October, 2024. LANG THAL KING & HANSON PC By: /s/ Megan N. Schandle James N. Hanson Megan N. Schandle Attorneys for 928 Construction, LLC ORIGINAL filed via e-mail with the Arizona Registrar of Contractors this 15th day of October, 2024, Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] [email redacted] COPY sent via email this same date to: Kristen Hahn PO Box 4124 Sedona, AZ 86340 [email redacted] Complainant By: /s/ Amanda Smith

Received 10/15/24, 12:43 PM State of Arizona Mail - 928 Construction , LLC adv. Kristen Hahn ROC Case No. 2024-05319 / Written10/15/2024 Answer to Citation ROC Legal

Answers - AZROC <[email redacted]>

928 Construction , LLC adv. Kristen Hahn ROC Case No. 2024-05319 / Written Answer to Citation message

Amanda Smith <[email redacted]> Tue, Oct 15, 2024 at 12:15 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: "[email redacted]" <[email redacted]>, James Hanson <[email redacted]>, Megan Schandle <[email redacted]>

Good Afternoon,

For filing, please see attached Written Answer to the Citation regarding the above-referenced matter. Please contact our office if you have any questions.

Thank you,

Amanda

Amanda Smith

Legal Assistant Direct:480‑534‑4894 (voice/text) | Website |vCard 6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253 480‑534‑4900 NOTICE: This message and its attachments are confidential and may be attorney-client privileged. They are protected by law. If you are not the intended recipient, please destroy the message in both electronic and paper form and notify Lang Thal King & Hanson at 480-534-4900 or by email to the sender. Thank you.

Written Answer to Citation.pdf 141K

https://mail.google.com/mail/b/AEoRXRRjFi7VcDy5ybXQDaFZvgMQdyNp86MScJc2v6xs1aH1vEx8/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Complainant: Kristen Hahn PO Box 4124 Sedona, AZ 86340

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 21, 2024

Re: Complaint No. 2024-05319

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, July 17, 2024 at 12:00 PM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 1 of 13 Warped cabinet door in 1706 Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 2 of 13

Door to be adjusted Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 3 of 13 Unit 1706 for door drywall cracked during adjustment Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 4 of 13 Unit 1706 for door drywall cracked during adjustment Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 5 of 13 Door not adjusted properly Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 6 of 13

Door not adjusted properly Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 7 of 13

Door not adjusted properly Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 8 of 13 Garage door not verified it was installed correctly Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 9 of 13 Gaps in garage door trim Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 10 of 13 Gaps in garage door trim Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 11 of 13 Garage door window leaking Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 12 of 13 Garage door window leaking Case-2024-05319-Kristen Hahn-928ConstructionLLC CJSI Photo 13 of 13 Drywall crack in ceiling that was supposed to be repaired Complainant: Kristen Hahn PO Box 4124 Sedona, AZ 86340

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: 928 Construction, LLC DBA: 3266 S Little Dr Flagstaff, AZ 86005

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

C012 12/23 September 11, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-05319

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, September 17, 2024 at 11:30 AM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

C012 12/23 Complainant: Kristen Hahn PO Box 4124 Sedona, AZ 86340

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Respondent: 928 Construction, LLC DBA: 3266 S Little Dr Flagstaff, AZ 86005

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Compliance Notes Case No.: 2024-05319 Investigator: Daniel Otero Inspection Date: Tuesday, September 17, 2024 Inspection Time: 11:30 AM Respondent Not Present at Compliance Inspection: ☐ Compliance Inspection Not Conducted: ☐

Compliance Jobsite General Notes: CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone recorder. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item: - Door frames out of alignment - 1702 and 1706 Investigator’s Initial Observation: Verified. At the time of the Inspection it was demonstrated in both 1702 & 1706 the fire doors, entry doors and doors throughout the duplex were not working as they should with binding and rubbing on top and bottom corners when in use. This is a service within the first year of occupancy the contractor is responsible for. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the Compliance Inspection it was observed, doors that were not adjusted properly and damaged caused by the adjustment of the fire door in Unit 1706 while it binds when being closed. There is also a door in the master closet of Unit 1706 that also binds when closing it. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - Kitchen Cabinet doors, drawers out of alignment - 1702 and 1706 Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed and demonstrated in 1702 & 1706 the cabinets need adjustments throughout. Misaligned doors in multiple directions, level and plumb. Inside the drawers there were many blow out areas from where the handles were drilled leaving splintered wood accessible for bodily harm. The 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, there was one cabinet door in Unit 1706 that is warped, the door is the last door in the upper cabinets over the countertop where the rooms transition from kitchen to living room. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - Drywall patch/texture at exterior ceiling behind front porch beam between units - poor workmanship Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed on both front and rear of the duplex between both units behind the beams there were unsightly and or incomplete drywall patches. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, the front area behind the beam was attempted to repair but not completed and on the rear patio the drywall was never touched. The complaint states only the front porch ceiling but in my inspection it was noted both front and rear needed attention. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - The clearance of the toilets in the master bathrooms does not meet the minimum 15" Code requirement Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed and demonstrated the toilet flange was installed in the incorrect location per the plan, therefore the toilet did not have the correct clearance side to side. This placement is not common in the industry. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Compliance Observation: At the time of the compliance inspection it was 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 observed, both units had issues with a code violation with the toilets not having the proper clearance that is required. This item was taken care of and looks great! Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: - There is an extension outlet from the 200-amp electrical service panel that wasinstalled to plug in a jobsite trailer of Investigator’s Initial Observation: Verified. At the time of the Inspection of 1706 it was observed there was an additional outlet placed below the main electrical panel that was added after later in the building process and was not on the plans or approved by the owner of the property. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Compliance Observation: At the time of the compliance inspection it was observed, the outlet was removed and the necessary steps were taken to ensure the main panel is safe. Governing Rule: Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code. ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: - The dishwasher was never secured (screwed) in place. The enti re appliancepulls out from the wall when the dishwasher is Investigator’s Initial Observation: Verified. At the time of the Inspection in 1702 it was demonstrated was not fastened into place and there was no indication that it was at any time secured. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, this item was completed. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 ☒ CORRECTED ☐ NOT CORRECTED

Complaint Item: - The lock to the garage door is different from the master key we received for the homes. The locks in both garages need to be rekeyed to match the front doors. Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed and agreed by both parties the locks on the fire doors were keyed different from the rest of the doors in the house in 1702 & 1706 of the duplex. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, all of the keyed locks were the same in 1702, 1706 did not have the same key for the keyed locks. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - The backdoor slider does not slide open the way it should. Investigator’s Initial Observation: Verified. At the time of the Inspection it was demonstrated the rear sliding glass door was difficult to open and did not fully open without struggle. This is a service within the first year of occupancy. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, the Sliding glass door in unit 1702 moves much more freely that unit 1706 and the doors are the same therefore should operate similar to one another. This is not the case. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - The garage door in this home was not installed properly. It is only a matter of time until it falls the way 1706 did Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed the garage door in 1702 was installed identical to the door in 1706 that had to be repaired by 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 others, since the mounting brackets for the motor that opens and closes the roll up garage had half the motor bracket screwed to a solid anchor point, and the other half screwed into drywall with no backing leaving damage and the reassembly of the roll up system to function properly. Since 1706 has been repaired by others it is only 1702 that would require to ensure the garage door opener has been installed correctly. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, no repairs were done to 1702 garage door and it was stated by the respondent that he had the paperwork to confirm the installation was correct. This information was not provided to the investigator as of 9/20/2024 @3:42P.M. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: - The seal has failed or was not installed around the garage doors in both these homes. Investigator’s Initial Observation: Verified. At the time of the Inspection it was observed the weather seals around both garage doors on the top and sides of the doors connected to the house were not installed correctly. They were cut short with large gaps in the corners as well as not enough fasteners, this is evident with bows in the weather stripping. The Respondent will need to correct this by the appropriate means. Compliance Observation: At the time of the compliance inspection it was observed, the weather stripping on the outside of the large garage door was poorly installed with large gaps between the top horizontal piece and both vertical pieces on both sides. Initially there were areas of separation along the trim pieces along with the gaps, now the separation was resolved but the gaps were not repaired. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. ☐ CORRECTED ☒ NOT CORRECTED

Note: 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Daniel Otero, Investigator #233 (928) 637-0484 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

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