2024A-05891-CHC-ROC Notice of Hearing & Packet MAILED 2024-05891.pdf

2024A-05891-CHC-ROC · Registrar of Contractors · 2024-10-16

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Graciela Lira Arroyo , Case No. 2024-05891

COMPLAINANT, Docket No. 2024A-05891-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Atlas Construction Group LLC DBA: Camelback Roofing License No. ROC 295244, RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

December 3, 2024 1:00 PM Adam Stone 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 25, 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)(2)(a) Charge: 2 A.R.S. § 32-1154(A)(3)-R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated October 16, 2024.

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

Copy mailed via USPS First Class mail October 16, 2024 to:

Respondent(s) Atlas Construction Group LLC 8114 E Clarendon Ave Scottsdale, AZ 85251

Complainant(s) Graciela Lira Arroyo 5432 S New Hall Dr. Tucson, AZ 85746

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. 2024-05891 /

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

Complainant: Graciela Lira Arroyo 5432 S New Hall Dr Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

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 30, 2024

Re: Complaint No. 2024-05891

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, July 18, 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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

Cc: File

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: Graciela Lira Arroyo 5432 S New Hall Dr Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 June 18, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-05891

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 18, 2024 at 9:00 AM has been rescheduled for Wednesday, July 17, 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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-05891 Investigator: Greg Johndrow #195 Inspection Date: 7/17/2024 Inspection Time: 9:00AM

Complainant: Graciela Arroyo Respondent: Atlas Construction Group LLC, DBA: CamelBack Roofing

General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Alan Guerrero and Adam Reyes.

The complainant was unable to access the roof and point out the allegations listed within the complaint. The inspection was conducted based on an inspection report provided to the complainant, from her insurance company, after the work had been completed.

Complaint Item 1: “In March 2024, I was shocked to find the new roof leaking onto the interior / exterior walls of my home.” Investigator’s Observations: This allegation is NOT verified. At the time of this inspection the complainant stated to me that the roof was not leaking and had not leaked in the recent rain storms. Governing Rule: N/A

Complaint Item 2: “Faulty workmanship with torn and unbonded shingles.” Investigator’s Observations: Verified. Several loose shingle were observed on the ridges of the roof. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “areas of high nailing through the entire roof.” Investigator’s Observations: This allegation is NOT verified. I was unable to verify this allegation. Governing Rule: N/A

Complaint Item 4: “Areas of missing flashing, gaps and holes in the roofing material.” Investigator’s Observations: Verified. The conditions described were observed on the flat portion of the roof above the back patio. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 5: “reuse of soft metal roofing accessories.” Investigator’s Observations: Verified. Some of the roof flashings were reused. Not replaced as specified. Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Complaint Item 6: “improper installation of rain cap on the furnace vent.” Investigator’s Observations: Verified. The storm collar has not been properly installed on the furnace vent. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes Complaint Item 7: “over the area of the interior leaks, documented exposed roofing underlayment, missing flashing, gap and fully missing roofing materials” Investigator’s Observations: Verified. The conditions described were observed in the back of the residence where the rake side of the pitched roof, above the bedroom, transitions to the flat roof of the patio. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 8: “Documented reuse of gutters and downspouts.” Investigator’s Observations: Verified. The gutters and downspouts have not been replaced. Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Complaint Item 9: “gutters, downspouts, and drip edges, not painted.” Investigator’s Observations: Verified. The described areas were not painted. Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Complaint Item 10: “Water stains on the left elevation wall of office / bedroom space.” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. The complainant stated the roof does not leak at this time. Governing Rule: N/A

Complaint Item 11: “In dining room documented nail pops to the wall shared with the office.” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. Governing Rule: N/A

Complaint Item 12: “No damages to kitchen, but the walls are continuous with the dining area and need to be painted to match.” Investigator’s Observations: This statement by the complainant does not implicate a workmanship issue, or a violation of A.R.S. § 32-1154(A). Governing Rule: N/A

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Case: 2024-05891 Date: 7-17-24 Address: 5432 S. New Hall Drive; Tucson, AZ 85746 Picture 2 Jobsite Inspection Photos

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Case: 2024-05891 Date: 7-17-24 Address: 5432 S. New Hall Drive; Tucson, AZ 85746 Picture 34 Jobsite Inspection Photos

Case: 2024-05891 Date: 7-17-24 Address: 5432 S. New Hall Drive; Tucson, AZ 85746 Complainant: Graciela Lira Arroyo 5432 S New Hall Dr Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

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 24, 2024

License No. ROC 295244

Re: Complaint No. 2024-05891

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32- 1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, August 9, 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:

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 5: “reuse of soft metal roofing accessories.” Investigator’s Observations: Verified. Some of the roof flashings were reused. Not replaced as specified. Governing Rule: A.R.S. § 32-1154(A)(2)(a): Departure from or disregard of: (a) Plans or specifications...

Complaint Item 7: “over the area of the interior leaks, documented exposed roofing underlayment, missing flashing, gap and fully missing roofing materials” Investigator’s Observations: Verified. The conditions described were observed in the back of the residence where the rake side of the pitched roof, above the bedroom, transitions to the flat roof of the patio. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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

Complaint Item 3: “areas of high nailing through the entire roof.” Investigator’s Observations: This allegation is NOT verified. I was unable to verify this allegation. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 10: “Water stains on the left elevation wall of office / bedroom space.” Investigator’s Observations: This allegation is NOT verified. I am unable to determine the cause or assign fault. The complainant stated the roof does not leak at this time. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Graciela Lira Arroyo 5432 S New Hall Dr. Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

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 28, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-05891

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday, September 6, 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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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 Complainant: Graciela Lira Arroyo 5432 S New Hall Dr. Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

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 28, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-05891

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Friday, September 18, 2024 at 10:30 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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 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 Picture 1 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 2 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 3 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 4 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 5 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 6 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 7 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 8 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 9 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 10 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 11 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 12 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 13 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 14 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 15 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 16 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 17 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 18 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 19 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 20 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Picture 21 Compliance Jobsite Inspection Photos

Case: 2024-05891 Date: 9-18-24 Address: 5432 S New Hall Drive; Tucson, AZ 85746 Complainant: Graciela Lira Arroyo 5432 S New Hall Dr Tucson, AZ 85746

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: Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251

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.: 2024-05891 Investigator: Gregory Johndrow Inspection Date: September 18, 2024 Inspection Time: 10:30 AM Respondent Not Present at Compliance Inspection: ☒ Compliance Inspection Not Conducted: ☐

Compliance Jobsite Inspection General Notes: The site inspection was performed on this date and time. The respondent was not present for this inspection. This Compliance Inspection was to evaluate the current conditions of items requiring corrective action as stated on the Directive. Those items are listed below.

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

As stated on Directive: Complaint Item 2: “Faulty workmanship with torn and unbonded shingles.” Investigator’s Observation from initial inspection: Verified. Several loose shingle were observed on the ridges of the roof. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. Several areas of the ridges have shingles which are still loose and not bonded. ☐ CORRECTED ☒ NOT CORRECTED

As stated on Directive: Complaint Item 4: “Areas of missing flashing, gaps and holes in the roofing material.” Investigator’s Observation from initial inspection: Verified. The conditions described were observed on the flat portion of the roof above the back patio. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. Flashing was not installed for the electrical conduit penetration. The roofing material is not properly trimmed along the roof edge. There are visible gaps between the roofing material and the edge. ☐ CORRECTED ☒ NOT CORRECTED

As stated on Directive: Complaint Item 5: “reuse of soft metal roofing accessories.” Investigator’s Observation from initial inspection: Verified. Some of the roof flashings were reused. Not replaced as specified. Compliance Inspection Findings for this item: This has been corrected. ☒ CORRECTED ☐ NOT CORRECTED

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 As stated on Directive: Complaint Item 6: “improper installation of rain cap on the furnace vent.” Investigator’s Observation from initial inspection: Verified. The storm collar has not been properly installed on the furnace vent. Compliance Inspection Findings for this item: This has been corrected. ☒ CORRECTED ☐ NOT CORRECTED

As stated on Directive: Complaint Item 7: “over the area of the interior leaks, documented exposed roofing underlayment, missing flashing, gap and fully missing roofing materials” Investigator’s Observation from initial inspection: Verified. The conditions described were observed in the back of the residence where the rake side of the pitched roof, above the bedroom, transitions to the flat roof of the patio. Compliance Inspection Findings for this item: This has NOT been corrected. Some work has been done, however; the current conditions do not meet ROC Workmanship Standards. The missing flashing was not replaced, paint was used to cover the area. A piece of the shingle material was used to cover a gap/missing section in the rolled roofing material. ☐ CORRECTED ☒ NOT CORRECTED

As stated on Directive: Complaint Item 8: “Documented reuse of gutters and downspouts.” Investigator’s Observation from initial inspection: Verified. The gutters and downspouts have not been replaced. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done. ☐ CORRECTED ☒ NOT CORRECTED

As stated on Directive: Complaint Item 9: “gutters, downspouts, and drip edges, not painted.” Investigator’s Observation from initial inspection: Verified. The described areas were not painted. Compliance Inspection Findings for this item: This has NOT been corrected. No corrective work has been done. ☐ CORRECTED ☒ NOT CORRECTED

Note:

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,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Graciela Lira Arroyo, Case No. 2024-05891 COMPLAINANT, v. Atlas Construction Group LLC CITATION DBA: Camelback Roofing License No. ROC 295244,

RESPONDENT.

The Registrar issues this Citation to Atlas Construction Group LLC DBA: Camelback

Roofing (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation

by October 10, 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 21, 2024, Graciela Lira Arroyo (“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:

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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 :1 A.R.S. § 32-1154(A)(2)(a) 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. Charge :2 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. Charge :3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license 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

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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 must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license 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. 2024-05891. 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] 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 10, 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

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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 administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after 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

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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 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. Dated September 25, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 25, 2024 to: Respondent Certified Mail No: [number redacted] Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251-5806 Copy mailed by USPS First Class mail this same date to:

Respondent Atlas Construction Group LLC DBA: Camelback Roofing 8114 E Clarendon Ave Scottsdale, AZ 85251-5806

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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 Complainant Graciela Lira Arroyo 5432 S New Hall Dr Tucson, AZ 85746

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. 2024-05891/du

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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 05/21/2024 2024-05891 Received by Investigations 05/21/2024 2024-05891 Received by Investigations 05/21/2024 2024-05891 Received by Investigations 05/21/2024 2024-05891 Received by Investigations 05/21/2024 2024-05891 Arizona Registrar of Contractors Jobsite Inspection Notes Case No.: 2024-05891 Investigator: Greg Johndrow #195 Inspection Date: 7/17/2024 Inspection Time: 9:00AM

Complainant: Graciela Arroyo Respondent: Atlas Construction Group LLC, DBA: CamelBack Roofing

General Notes: The site inspection was performed on this date and time with both parties present. In attendance for the respondent was Alan Guerrero and Adam Reyes.

Complaint Item 3: “areas of high nailing through the entire roof.” Investigator’s Observations: This allegation is NOT verified. I was unable to verify this allegation. Governing Rule: N/A

RCC100 11/14

July 24, 2024

License No. ROC 295244

Re: Complaint No. 2024-05891

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

Complaint Item 3: “areas of high nailing through the entire roof.” Investigator’s Observations: This allegation is NOT verified. I was unable to verify this allegation. Governing Rule: N/A

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

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

CC: Complainant

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

Note:

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.

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 9/25/24, 4:36 PM State of Arizona Mail - Case 2024-05891-Citation-Do Not Reply

Douglas Ulmer <[email redacted]>

Case 2024-05891-Citation-Do Not Reply message

Douglas Ulmer <[email redacted]> Wed, Sep 25, 2024 at 4:30 PM To: [email redacted] Cc: Douglas Ulmer <[email redacted]> Bcc: [email redacted]

Good afternoon,

Attached please find an electronic courtesy copy of the Citation issued in Case 2024-05891. This document was also sent to your attention via US Mail.

Please do not reply directly to this email. Any reply or response should be addressed to [email redacted].

Thanks,

Douglas Ulmer Legal Assistant Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 (602) 542-1525 www.roc.az.gov

20240925 Citation 2024-05891 Mailed.pdf 3406K

https://mail.google.com/mail/u/0/?ik=bac2c3e6c6&view=pt&search=all&permthid=thread-a:r5362769597172048814%7Cmsg-a:r-[number redacted]&simpl=msg-a:r-[number redacted]&mb=1 1/1 LEGAL RECEIVED 09/30/2024

Complaint Form Response letter Case # 2024-05891

To whom it may concern,

● Camelback Roofing were in negotiations with the property owners insurance company for what was owed to her to complete a full work of scope. ● Upon completing the work that was already approved from her insurance we were unaware that the roof had minor issues because the homeowner was not responding to our calls or texts for us to perform a walkthrough of the completed roof upon completion. ● Nobody threatened or harassed the homeowner. We had politely explained to her that upon finishing the work the company invoices the insurance in order to collect the depreciation payment that she would receive in order to pay the company in full. This is around the time we lost contact with her (this was the beginning of not being able to get ahold of her. This was through the phone and ringing the doorbell.) ● The itemized ROC investigation report was on standby until we heard back from the homeowners approval to schedule and perform work; however she did not respond to any of our calls, texts, or doorknocking trying to reach her at home. ● Homeowner did not show us proof of leaks or interior damage, let alone did not want us present at her home to perform the repairs that were needed at times when we were able to get ahold of her. ● She admits on line item (24.) that she does not want to come in contact with us. We have consistently tried to schedule her for repairs but does not respond to calls or texts. ● Camelback Roofing is committed to making things right for the homeowner but we have had issues getting ahold of the homeowner to make the necessary repairs done promptly and efficiently.

Sincerely,

Alan Guerrero (Project Manager) 520-808-9142

Adam Reyes (Sales Manager) 520-369-635 10/2/24, 4:26 PM State of Arizona Mail - Fwd: Case No 2024-05891 LEGAL RECEIVED 09/30/2024

Legal New Mail - AZROC <[email redacted]>

Fwd: Case No 2024-05891 message

Gregory Johndrow <[email redacted]> Tue, Oct 1, 2024 at 7:03 AM To: Legal New Mail - AZROC <[email redacted]>

Hello,

Please see the forwarded email regarding case 2024-05891.

Thank you,

Gregory Johndrow Investigator #195 ARIZONA REGISTRAR OF CONTRACTORS

1700 W. Washington St. Suite 105 Phoenix, AZ 85007 Hours: Mon-Fri 8AM-5PM (520) 628-6896 Direct (520) 833-3303 Cell https://roc.az.gov/

---------- Forwarded message --------- From: Adam Reyes <[email redacted]> Date: Mon, Sep 30, 2024 at 4:30 PM Subject: Case No 2024-05891 To: [email redacted] <[email redacted]> Cc: alan guerrero <[email redacted]>

to whom it may concern,

I am sending you this response letter in regards to ROC complaint case No 2024-05891. Below I have attached a pdf format letter in response to the complainant. We have continually tried to contact the complainant and there is no response. Our last attempt of many was from September 26th 2024. We are eager to get this issue resolved as soon as possible. Please let me know if you have any questions or concerns.

Adam Reyes 520-369-6358

https://mail.google.com/mail/b/AEoRXRSbSlIfvo_6qloAS3B3syDjPhwDxjI-tDJPCEziCZBe2LAA/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=th… 1/2 10/2/24, 4:26 PM State of Arizona Mail - Fwd: Case No 2024-05891 LEGAL RECEIVED 09/30/2024

Complaint Form Response letter.pdf 47K

https://mail.google.com/mail/b/AEoRXRSbSlIfvo_6qloAS3B3syDjPhwDxjI-tDJPCEziCZBe2LAA/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=th… 2/2 10/9/24, 7:41 AM State of Arizona Mail - ROC citation 2024-05891

Answers - AZROC <[email redacted]>

ROC citation 2024-05891 message

alan guerrero <[email redacted]> Tue, Oct 8, 2024 at 5:56 PM To: [email redacted]

Hello ,

Attached are the texts where Graciela didn't want me back and she never chose the color for the hoa to approve and therefore we weren't able to perform this without getting into more trouble.qith the hoa. Please let me know if you have any questions. She won't respond and the last thing she told.me.on the phone is that she didn't want me.back and to deal directly with the roc, which I tried explaining to her the processs or to give you guys a call but we haven't been able to communicate further with her and she doesn't want us on her property and we can't commit trespassing so we want to get this fixed, please let me.know if you have any questions or concerns.

Thanks,

Alan Guerrero [number redacted] Camelback Roofing

---------- Forwarded message --------- From: alan guerrero <[email redacted]> Date: Thu, Oct 3, 2024, 6:40 PM Subject: ROC citation 2024-05891 To: <[email redacted]>

Hello Gregory,

Thank,

Alan Guerrero [number redacted] Camelback Roofing

ROC Graciela Arroyo no communication .pdf 7233K

https://mail.google.com/mail/b/AEoRXRRL-NCfTffHj3GS3ZXfXYkbuZkA2s_F5Kv9qPpZjigex5QN/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