2024A-06091-CHC-ROC Notice of Hearing & Packet MAILED 2024-06091.pdf

2024A-06091-CHC-ROC · Registrar of Contractors · 2024-07-30

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kelly Ford Frost , Case No. 2024-06091

COMPLAINANT, Docket No. 2024A-06091-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Fernando Elias Zamora DBA: AZ Steele Structures License No. ROC 325885,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

September 13, 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 July 15, 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)(12) - A.R.S. § 32-1158

Charge: 4 A.R.S. § 32-1154(A)(14) Charge: 5 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 July 31, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail July 31, 2024 to: Respondent(s) Fernando Elias Zamora DBA: AZ Steele Structures 11648 William Payne Ct El Paso, TX 79936 Complainant(s) Kelly Ford Frost PO Box 133 Pinetop, AZ 85935

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. 2024-06091 /

Complainant: Kelly Ford Frost PO Box 133 Pinetop, AZ 85935

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: Fernando Elias-Zamora DBA: AZ Steele Structures 5720 Macon Ln El Paso, TX 79924

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 14, 2024

Re: Complaint No. 2024-06091

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, June 19, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Choose an item. Choose an item. Choose an item. Choose an item.

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 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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

Case No.: 2024-06091 Investigator: Miles Crosby Inspection Date: Wednesday, June 19, 2024 Inspection Time: 10:00 AM

Jobsite Address: 1340 S Rigby Drive Pinetop, AZ 85935

Complainant: Kelly Ford Frost Respondent: Fernando Elias- Not Present: Zamora Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

I spoke the Respondent on the phone prior to and after the JSI. Respondent advised the address within the ROC was incorrect and was advised it is the responsibility of the entity to update any information regarding their business. I also advised the JSI Notice was sent via email. The Complaint Form notifying the Respondent of the complaint was received and access but the JSI Notice was not, until the morning of the JSI. The JSI Notice was sent to both parties at the same time on 6/14/24 @ 2:42 PM which was accessed by the Complainant at this time. I have included the link share image in the case folder as the supporting document.

The JSI was conducted and I observed an extreme amount of silicone dollops being utilized. The number of areas and the amount of silicone used are concerning. Multiple areas had nearly a golf ball amount of silicone. The silicone was already visibly damaged from the direct sunlight indicating it is not Exterior Grade, as exterior silicone should not discolor. Other areas were crumbling/breaking also indicating the wrong material was used. I determined that the use of silicone was most likely due to the fasteners being stripped from over torqueing. This was later confirmed by the Respondent. The Metal Construction Association who helps set standards for Metal Roofing Installation does not suggest the use of silicone in this application when a fastener has stripped. MCA Metal Roof Installation Manual Chapter 14: Fasteners

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

When speaking to the Respondent after the JSI, I was advised this was due to the fasteners being stripped and the Respondents attempt to correct the seal the fastener.

This method does not meet industry standards and should be corrected by appropriate means.

Complaint Item: 2 - Roof panels contain 43 extra holes with silicon sealant added to screws on the panels where builder missed the beams Investigator’s Observation: Although the Respondent was not present, I was advised by the Respondent by phone that the reason for the excess silicone was due to the fasteners being over torqued causing to strip it threads. This meant the fastener did not secure properly and silicone was added to correct the issue. This does not meet standards and should be corrected by appropriate means. Governing Rule: 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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 3 - Roof ridge cap contains 25 extra holes with silicon sealant added to screws where builder messed up. Investigator’s Observation: Although the Respondent was not present, I was advised by the Respondent by phone that the reason for the excess silicone was due to the fasteners being over torqued causing to strip it threads. This meant the fastener did not secure properly and silicone was added to correct the issue. This does not meet standards and should be corrected by appropriate means. Governing Rule: 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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - We want a NEW undamaged roof on our NEW building. We don’t want it to leak; nor to appear to have been repaired. Since Texas Star Steel (TSS) sent an inexperienced crew that damaged our roof panels and ridge vent covers, they are responsible to replace them. As TSS’s crew is unskilled- we want to choose a trustworthy contractor to do the labor Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It does not represent a specific allegation that implicates poor work that I can inspect and report on. Governing Rule: Not Applicable

Miles Crosby, Investigator #213 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

(928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

Complaint #2024-06091 P 1 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 2 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 3 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 4 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 5 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 6 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 7 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 8 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 9 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 10 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 11 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 12 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 13 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 14 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 15 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 16 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 17 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 18 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 19 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 20 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 21 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 22 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 23 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 24 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 25 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 26 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 27 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 28 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 29 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 30 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complaint #2024-06091 P 31 JSI 6/19/2024 @ 10:00 AM JSI PHOTOS Complainant: Kelly Ford Frost PO Box 133 Pinetop, AZ 85935

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: Fernando Elias-Zamora DBA: AZ Steele Structures 5720 Macon Ln El Paso, TX 79924

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

License No. ROC 325885

Re:Complaint No. 2024-06091

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 Wednesday, July 10, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item: 3 - Roof ridge cap contains 25 extra holes with silicon sealant added to screws where builder messed up

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 Investigator’s Observation: Although the Respondent was not present, I was advised by the Respondent by phone that the reason for the excess silicone was due to the fasteners being over torqued causing to strip it threads. This meant the fastener did not secure properly and silicone was added to correct the issue. This does not meet standards and should be corrected by appropriate means. Governing Rule: 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. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 1 - We want a NEW undamaged roof on our NEW building. We don’t want it to leak; nor to appear to have been repaired. Since Texas Star Steel (TSS) sent an inexperienced crew that damaged our roof panels and ridge vent covers, they are responsible to replace them. As TSS’s crew is unskilled- we want to choose a trustworthy contractor to do the labor. Investigator’s Observation: This is a general statement and does not implicate a specific workmanship issue. It does not represent a specific allegation that implicates poor work that I can inspect and report on. Governing Rule: Not Applicable

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

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 7/3/24, 2:14 PM State of Arizona Mail - Re: Miles Crosby has shared a file "Complaint Form.pdf.pdf" with you

Miles Crosby <[email redacted]>

Re: Miles Crosby has shared a file "Complaint Form.pdf.pdf" with you messages

Kelly Frost <[email redacted]> Wed, Jul 3, 2024 at 12:47 PM To: Miles Crosby <[email redacted]>

Hi Miles- Just wanted to let you know that we haven’t heard anything from Texas Star Steel. Also- we discovered a leak in the garage roof yesterday. Let us know if you hear anything! Hope you have a wonderful 4th of July! Blessings- Kelly & Scott Frost

On Jun 10, 2024, at 2:24 PM, Miles Crosby <[email redacted]> wrote:

Miles has shared the following file with you:

Complaint Form.pdf.pdf

Miles Crosby <[email redacted]> Wed, Jul 3, 2024 at 2:14 PM To: Kelly Frost <[email redacted]>

Thank you for the update. They have till the 10th of July so they might be waiting till after the Holiday. Thanks

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 7/3/24, 2:14 PM State of Arizona Mail - Re: Miles Crosby has shared a file "Complaint Form.pdf.pdf" with you

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 7/15/24, 3:22 PM State of Arizona Mail - 20240619 C011 Jobsite Inspection Notes 2024-06091

Miles Crosby <[email redacted]>

20240619 C011 Jobsite Inspection Notes 2024-06091 messages

Fernando Elias <[email redacted]> Fri, Jul 12, 2024 at 12:57 PM To: [email redacted]

Good afternoon, we are waiting for an installer who is free to specifically carry out this work.

We are in contact with the client to carry out this work as soon as possible.

I have a question... What can I use to have the client sign when finishing their work or how I notify you that it is done.

Miles Crosby <[email redacted]> Fri, Jul 12, 2024 at 1:50 PM To: Fernando Elias <[email redacted]>

You have not corresponded with me regarding this or provided documentation to support your request. If you would like an extension you must request that of me within the Written Directive time period. As for now, you may contact the Complainant and negotiate any resolution the parties agree to with them and if the work or resolution is completed prior to hearing, the ROC will make note of it to the Judge.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 1/3 7/15/24, 3:22 PM State of Arizona Mail - 20240619 C011 Jobsite Inspection Notes 2024-06091

[Quoted text hidden]

Fernando Elias <[email redacted]> Fri, Jul 12, 2024 at 2:16 PM To: Miles Crosby <[email redacted]>

To be honest, this is the first time I'm going through this, I didn't know I had to do this on a specific date nor did I follow them, if you would be so kind could you tell me what I have to do after repairing what needs to be done with This Customer. please [Quoted text hidden]

Miles Crosby <[email redacted]> Fri, Jul 12, 2024 at 2:49 PM To: Fernando Elias <[email redacted]>

You need to read the documents I sent. At very least, you could have called me after we first spoke and I would have told you exactly where to read. You could have communicated with your client what your plans were and they would have got with me and I would then have communicated with you. But not communicating at all and saying you don't know because its your first time, is not acceptable.

As for now, read the entire Job Site Inspection Notice. This will tell you the process. Next, read the Job Site Inspection Notes which explain my findings and the laws pertaining to that aspect of the legal authority of the ROC. Then read the Written Directive which states in the opening paragraph in bold letters the date and time of compliance and that if you need more time to contact me. This tells me you did not read the documents.

Miles Crosby, Investigator #213 Arizona Registrar of Contractors 1700 W Washington St. Suite #105 Phoenix, AZ 85007 Cell/Text: (928) 296-2480 Work: (928) 637-0485 ROC:(602) 771-6747 [email redacted]

Hours: Mon.- Fri. 0800-1700

The ROC is now on social media! Make sure to follow us on:

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 2/3 7/15/24, 3:22 PM State of Arizona Mail - 20240619 C011 Jobsite Inspection Notes 2024-06091

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted]… 3/3 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Kelly Ford Frost, Case No. 2024-06091 COMPLAINANT, v.

Fernando Elias-Zamora, CITATION DBA: AZ Steele Structures, License No. ROC 325885, RESPONDENT.

The Registrar issues this Citation to Fernando Elias-Zamora DBA: AZ Steele Structures (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 30, 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 June 4, 2024, Kelly Ford Frost (“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)(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

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :4 A.R.S. § 32-1154(A)(14) Charge :5 Acting in the capacity of a contractor under any license issued under this chapter in a name other than as set forth upon the license. Charge :6 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). ///

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. 2024-06091. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] 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 July 30, 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

of 6 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 prior disciplinary record and current license(s) status may be considered as a mitigating or

of 6 1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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 July 15, 2024. By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 15, 2024 to: Respondent Certified Mail No: [number redacted] Fernando Elias-Zamora DBA: AZ Steele Structures 5720 Macon Ln El Paso, TX 79924 Copy mailed by USPS First Class Mail this same date to:

Respondent Fernando Elias-Zamora DBA: AZ Steele Structures 5720 Macon Ln El Paso, TX 79924 ///

of 6 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 Kelly Ford Frost PO Box 133 Pinetop, AZ 85935

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. 2024-06091

of 6 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)

Kelly Frost Mailing Address (Enter jobsite in Contract/Project section) City State Zip

P O Box 133 Pinetop Arizona 85935 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)

Fernando Elias-Zamora ROC 325885 Street Address City State Zip

5720 Macon Ln El Paso TX 79924 Phone Number Email

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

Carla;Tahiry;Marco;Dart Clark Contract/Project Information Contract Date Contract Amount Amount Paid

May 9, 2023 $22,575.13 $25,985.25 Date Work Started Date Work Stopped Date Work Was Completed

September 12, 2023 September 14, 2023 September 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

1340 S Rigby Drive Pinetop AZ 85935 Name of Construction Site Owner Construction Site Name (if applicable)

Scott and Kelly Frost Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No

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

Has any work been corrected? Yes Marco from Texas Star Steel The contract was Written All change orders were Both This project was Residential This project involved Other Metal Garage Building A building permit was obtained by Property Owner 4884168 City of Pinetop/Lakeside 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)

We want a NEW undamaged roof on our NEW building. We don’t want it to leak; nor to appear to have been repaired. Since Texas Star Steel (TSS) sent an inexperienced crew that damaged our roof panels and ridge vent covers, they are responsible to replace them. As TSS’s crew is unskilled- we want to choose a trustworthy contractor to do the labor Allegations Listed on Complaint:

Roof panels contain 43 extra holes with silicon sealant added to screws on the panels where builder missed the beams

Roof ridge cap contains 25 extra holes with silicon sealant added to screws where builder messed up

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

Kelly Frost \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 7/17/2024 ROC Legal Received 7/17/24, 2:59 PM State of Arizona Mail - ROC Citation 2024-06091 7/17/2024 ROC Legal

Answers - AZROC <[email redacted]>

ROC Citation 2024-06091 message

Fernando Elias <[email redacted]> Wed, Jul 17, 2024 at 2:54 PM To: [email redacted]

20240717145157scan.pdf 207K

https://mail.google.com/mail/b/AEoRXRSEl-HU7hYoNpEpO7vDjyKJoYJputZV6CyPE8DQ64z2okC3/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Received 7/29/2024 ROC Legal

Az Steele Structures, response to complaint July, 15, 2024.

Case number: 2024-06091 Fernando Elias-Zamora, DBA: AZ Steele Structures, License No. ROC 325885, RESPONDENT.

Responding to the complaint made by client Kelly Frost. My response and non-justification are as follows.

I list my steps, due to the lack of response:

1. I do not refuse to work with the client to reach the best agreement. 2. I got the letters by e-mail and that was a little more confusing for me. 3. The postal address where the letters are sent is no longer our postal address. 3. On my part I did not confirm or verify that reaching an agreement with her had an expiration date. (Since it was electronic, it was a little more confusing to read all the pages) 3. I confirm that my response was late, but it was not due to denial. 4. If the client allows it, we want to resolve this problem as soon as possible for her.

I ask that we can be given an extension of time to go to the client or communicate with her to resolve the problem as best as possible, as soon as possible. Received 7/30/24, 7:52 AM State of Arizona Mail - Case No. 2024-06091 7/29/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-06091 message

Aimee Elias <[email redacted]> Mon, Jul 29, 2024 at 2:53 PM To: "[email redacted]" <[email redacted]>

Obtener Outlook para iOS

Az Complaint.docx 15K

https://mail.google.com/mail/b/AEoRXRTJ1Ge3IZhnG9AbP7VafWlY6kjWr9uuiXnG_iuglzjjML1n/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=thr… 1/1 Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Douglas A. Ducey, Governor Jeffrey L. Fleetham, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

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