2024A-05663-CHC-ROC Notice of Hearing & Packet MAILED 2024-05663.pdf

2024A-05663-CHC-ROC · Registrar of Contractors · 2024-10-18

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cassandra Kirby , Case No. 2024-05663

COMPLAINANT, Docket No. 2024A-05663-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Lindhorst Construction Consulting LLC License No. ROC 326547,

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

HEARING INFORMATION The hearing is set for:

December 4, 2024 1:00 PM Tammy Eigenheer 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 September 20, 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 October 18, 2024.

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

Copy mailed via USPS First Class mail October 18, 2024 to:

Respondent(s) Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537

Complainant(s) Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387

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. 2024-05663 /

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 Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? 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 Department or submit a public records request at to the Registrar? 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

Complaint #2024-05663 P 1 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 2 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 3 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 4 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 5 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 6 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 7 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 8 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 9 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 10 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 11 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 12 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 13 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 14 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 15 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 16 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 17 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 18 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Complaint #2024-05663 P 19 JSI date 7/15/2024 at 2:00 PM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-05663 Investigator: Joey Chester Inspection Date: Monday, July 15, 2024 Inspection Time: 2:00 PM

Complainant: Cassandra Kirby Respondent: Lindhorst Not Present: Construction Consulting LLC Not Present:

Jobsite General Notes: JSI occurred on Monday July 15th 2024 at 2:00pm. Homeowners Cassandra and Jason Kirby were present along with Ryan from Lindhorst Construction Consulting. 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: - Flooring throughout home is lifting and buckling. Has been replaced/repaired multiple times in areas & is still lifting. Investigator’s Observation: At the time of inspection there were edges that were lifting in entry, respondent to correct those boards only that have been repaired within 2 years. No other areas are required to be addressed. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 2: - Kitchen marble countertops were not sealed. Builder was to fix and then backed out and said no. Issue throughout house. Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Due to the issue being over 2 years old. Governing Rule: Not Applicable

Complaint Item 3: - Roof tiles are damaged and missing. Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Due to the issue being over 2 years old. 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 4: - Insulation is missing in part of attic Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Complaint Item 5: - Window in primary bath is leaking. Builder via picture believes its condensation and did not inspect. Investigator’s Observation: At time of inspection, no deficiency observed or demonstrated. No action required by the Respondent. Governing Rule: Not Applicable

Complaint Item 6: - Signs of roof leak- found in home inspection. Builder suggests its from spraying the roof with a hose did not inspect. Investigator’s Observation: There is insufficient evidence to prove the allegation. No correction is required by the Respondent. Governing Rule: Not Applicable

Complaint Item 7: - Laundry room countertop is not finished. Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Due to the issue being over 2 years old. 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

Complainant: Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387

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: Lindhorst Construction Consulting LLC DBA: 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 13, 2024

License No. ROC 326547

Re:Complaint No. 2024-05663

WRITTEN DIRECTIVE FROM THE REGISTRAR - Extended

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, August 23, 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:

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 2: - Kitchen marble countertops were not sealed. Builder was to fix and then backed out and said no. Issue throughout house. Investigator’s Observation: The ROC has no jurisdiction on this complaint item. Due to the issue being over 2 years old. Governing Rule: Not Applicable

Complaint Item 4: - Insulation is missing in part of attic Investigator’s Observation: Complaint item had been corrected prior to this JSI. Governing Rule: Not Applicable

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: Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387

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

License No. ROC 326547

Re:Complaint No. 2024-05663

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

Complaint Item 4: - Insulation is missing in part of attic Investigator’s Observation: Complaint item had been corrected prior to this JSI. Governing Rule: Not Applicable

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: Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387

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: Lindhorst Construction Consulting LLC DBA: 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

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

C012 12/23 August 27, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-05663

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, September 17, 2024 at 11:00 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,

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 #2024-05663 P 1 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 2 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 3 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 4 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 5 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 6 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 7 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 8 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 9 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 10 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 11 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 12 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 13 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complaint #2024-05663 P 14 CJSI date 9/17/2024 at 11:00am CJSI PHOTOS Complainant: Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387

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: Lindhorst Construction Consulting LLC 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

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.: 2024-05663 Investigator: Joey Chester Inspection Date: Tuesday, September 17, 2024 Inspection Time: 11:00 AM

Compliance Jobsite General Notes: CJSI occurred on Tuesday September 17th 2024 at 11:00am. Homeowner Cassandra Kirby was present alogn with Ryan from Lindhorst Construction Consulting. 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: - Flooring throughout home is lifting and buckling. Has been replaced/repaired multiple times in areas & is still lifting. Investigator’s Observation: During the inspection verified multiple floor boards were not even with the rest of the floor that does not meet standards.

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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cassandra Kirby Case No. 2024-05663 COMPLAINANT, v. Lindhorst Construction Consulting LLC CITATION License No. ROC 326547,

RESPONDENT.

The Registrar issues this Citation to Lindhorst Construction Consulting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 5, 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 16, 2024, Cassandra Kirby (“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. 2024-05663. 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 5, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 20, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 20, 2024 to:

Respondent Certified Mail No: [number redacted]

Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537 Copy mailed by USPS First Class mail this same date to:

Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537 Complainant Cassandra Kirby 27939 N 143rd Lane Surprise, AZ 85387 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. 2024-05663 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Cassandra Kirby Mailing Address (Enter jobsite in Contract/Project section) City State Zip

27939 N 143rd Lane Surprise Arizona 85387 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Lindhorst Construction Consulting LLC ROC 326547 Street Address City State Zip

Phone Number Email

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

Ryan Lindhorst Contract/Project Information Contract Date Contract Amount Amount Paid

April 28, 2022 $1,120,000.00 $1,120,000.00 Date Work Started Date Work Stopped Date Work Was Completed

April 28, 2022 May 1, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

April 28, 2022 May 7, 2022 Jobsite Street Address City State Zip

27939 N 143rd Lane Surprise AZ 85387 Name of Construction Site Owner Construction Site Name (if applicable)

Ryan Lindhorst Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Home Builder The contract was Written All change orders were Both This project was Residential This project involved New Home

A building permit was obtained by Contractor B202104877 Maricopa County List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Builder has been very slow and unresponsive in fixing items that have been raised since closing date on the brand new home. Builder has threatened and lied and gone back on multiple promises to fix things and then has not done so. 5 homes built at once and all filing ROC complaints and facing same issues. Allegations Listed on Complaint:

Flooring throughout home is lifting and buckling. Has been replaced/repaired multiple times in areas & is still lifting.

Kitchen marble countertops were not sealed. Builder was to fix and then backed out and said no. Issue throughout house.

Roof tiles are damaged and missing.

Insulation is missing in part of attic

Window in primary bath is leaking. Builder via picture believes its condensation and did not inspect.

Signs of roof leak- found in home inspection. Builder suggests its from spraying the roof with a hose did not inspect.

Laundry room countertop is not finished.

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

Cassandra Kirby \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Final Master Settlement Statement Navi Title Agency, PLLC 20325 N 51st Ave Bld 8, Suite 162 Glendale, AZ 85308

File No./Escrow No.: 101-003785-TB This is to certify that this is a full, true and Print Date & Time: April 28, 2022 2:21 pm complete copy of the Original. Officer/Escrow Officer: Tanya Banovac Navi Title Agency Settlement Location: 20325 N 51st Ave, Bld 8, Suite 162 Glendale, AZ 85308 By: Property Address: 27939 N 143rd Lane Surprise, AZ 85387 Borrower: Cassandra Kirby and Jason Kirby 29616 N 119th Ave Peoria, AZ 85383 Seller: DBJ Enterprises, LLC 845 S. 59th Ave. Phoenix, AZ 85043 Lender: LendSmart Mortgage LLC Settlement Date : April 28, 2022 Disbursement Date : April 28, 2022

Seller Description Borrower Debit Credit Debit Credit Financial 1,120,000.00 Sale Price of Property 1,120,000.00 Deposit 15,000.00 Loan Amount 620,000.00 PROCEEDS FROM SALE 493,824.87

Prorations/Adjustments 56.99 County Taxes 56.99 01/01/22-04/28/22

Loan Charges to LendSmart Mortgage LLC Document Prep Fee 375.00 Processing Fee 545.00 Underwriting Fee 475.00 Appraisal Fee 650.00 Credit Report 120.00 Electronic Delivery Fee 55.80 Prepaid Interest 229.32 $76.44 per day from 04/28/22 to 05/01/22

File # 101-003785-TB/71 Page 1 of 3 Printed on 04/28/22 at 2:21:10 PM by Amber Braunstein Final Master Settlement Statement Seller Description Borrower Debit Credit Debit Credit Loan Charges to LendSmart Mortgage LLC (continued) LendSmart Mortgage LLC

Other Loan Charges Signing Fee to Bassam Mamish 125.00 100.00 Signing Fee to Phoenician Closing Services

Impounds Homeowner's Insurance to LendSmart 279.24 Mortgage LLC 3.000 Months at $93.08/month Property Taxes to LendSmart Mortgage LLC 2,800.00 4.000 Months at $700.00/month Aggregate Adjustment to LendSmart Mortgage 700.00 LLC

Title Charges and Escrow/Settlement Charges Lender's Title Insurance to Navi Title Agency, 1,438.00 PLLC Coverage: $620,000.00 Premium: $1,438.00 Version: ALTA Extended Loan Policy (06/17/ 06) ALTA Endorsement 8.1-06 (Environmental 100.00 Protection Lien) to Navi Title Agency, PLLC ALTA Endorsement 9-06 (Restrictions, 100.00 Encroachments, Minerals - Loan Policy) to Navi Title Agency, PLLC CPL to First American Title Insurance 25.00 Company Escrow Fee - (B) to Navi Title Agency, PLLC 1,147.50 875.00 Escrow Fee - Investor (S) to Navi Title Agency, PLLC 2,625.00 Owner's Title Insurance to Navi Title Agency, PLLC Coverage: $1,120,000.00 Premium: $2,625.00 Version: ALTA Homeowner's (EAGLE) Policy (Rev. 2-3-10) elect

Commissions 5,500.00 Commission - Listing Agent to Lake Pleasant Real Estate Note: Includes Adjustment of $5,500.00

28,000.00 Commission - Selling Agent to Lake Pleasant Real Estate

File # 101-003785-TB/71 Page 2 of 3 Printed on 04/28/22 at 2:21:10 PM by Amber Braunstein Final Master Settlement Statement Seller Description Borrower Debit Credit Debit Credit Commissions (continued)

Miscellaneous Homeowner's Insurance Premium to 1,117.00 FARMERS INSURANCE months 100.00 Septic Transfer Fee to Felix Title Affixtures 30.00 Well Transfer Fee to Arizona Department of Water Resources Property Tax- 2021 to Maricopa County Treasurer $177.78 paid outside closing by Seller

Seller Borrower Debit Credit Debit Credit 37,286.99 1,120,000.00 Subtotals 1,129,581.86 1,129,581.86 1,082,713.01 Due to Seller 1,120,000.00 1,120,000.00 Totals 1,129,581.86 1,129,581.86

File # 101-003785-TB/71 Page 3 of 3 Printed on 04/28/22 at 2:21:10 PM by Amber Braunstein 10/7/24, 1:09 PM State of Arizona Mail - “Written Answer to Citation and Complaint” Case No. 2024-05663.

Answers - AZROC <[email redacted]>

“Written Answer to Citation and Complaint” Case No. 2024-05663. message

Ryan Lindhorst <[email redacted]> Mon, Oct 7, 2024 at 12:48 PM To: [email redacted]

“Written Answer to Citation and Complaint” I Ryan Lindhorst do not feel my licence should be suspended or revoked because I did address this item the best I could . With the surrounding flooring the new flooring patches do not correspond as the old flooring is damaged by homeowners . This item was completed before the directive was closed and we were not informed of any issues until the homeowner filed a complaint inspection . I would have attempted to repair the flooring that was not too satisfactory. The homeowner has also involved attorneys and we are trying to negotiate a settlement. -- Ryan Lindhorst, President, Lindhorst Construction AZ R.O.C. 326547 602-526-5813 [email redacted]

https://mail.google.com/mail/b/AEoRXRSloW2AHy94ciYkika42xq9MVYRgSxjZZ8iVO3AqYqlCISk/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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