2024A-06308-CHC-ROC Notice of Hearing & Packet MAILED 2024-06308.pdf

2024A-06308-CHC-ROC · Registrar of Contractors · 2024-09-05

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dennis Gilman , Case No. 2024-06308

COMPLAINANT, Docket No. 2024A-06308-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Mountain Construction and Home Services LLC DBA: Mountain Roofers License No. ROC 349886,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

October 25, 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 August 13, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 5, 2024.

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

Copy mailed via USPS First Class mail September 5, 2024 to:

Respondent(s) Mountain Construction and Home Services LLC 8825 E Palm Ridge Dr. Scottsdale, AZ 85260

Complainant(s) Dennis Gilman 237 North East Street Globe, AZ 85501

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. 2024-06308 /

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

Hearing Packet FAQ What is the Hearing Packet?

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

Who gets the Hearing Packet?

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

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

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

What is in the Hearing Packet?

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

● Original complaint;

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

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

● Citation; and ● Answer.

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

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

What if there are documents missing from the Hearing Packet?

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

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

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

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

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

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

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

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

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

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

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

Complainant: Dennis Gilman 237 North East Street Globe, AZ 85501

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: Mountain Construction and Home Services LLC DBA: Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260

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 24, 2024

Re: Complaint No. 2024-06308

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, June 27, 2024 at 11:00 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.

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 (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 Complainant: Dennis Gilman 237 North East Street Globe, AZ 85501

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: Mountain Construction and Home Services LLC DBA: Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260

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 25, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-06308

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for June 27, 2024 at 11:00 AM has been rescheduled for Tuesday, July 2, 2024 at 11:00 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,

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 C010 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 C010 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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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 C010 12/23 Complaint #2024-06308 P 1 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 2 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 3 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 4 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS

The collapse of the porch revealed the extreme conditions and lack of previous owner(s) required maintenance. Complaint #2024-06308 P 5 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 6 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 7 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 8 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 9 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 10 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS

Extreme rot throughout. Complaint #2024-06308 P 11 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 12 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS

Extreme rot throughout. Complaint #2024-06308 P 13 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 14 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 15 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 16 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 17 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 18 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 19 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 20 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 21 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 22 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 23 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 24 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 25 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 26 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 27 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 28 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 29 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complaint #2024-06308 P 30 JSI 7/2/2024 @ 11:00 AM JSI PHOTOS Complainant: Dennis Gilman 237 North East Street Globe, AZ 85501

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: Mountain Construction and Home Services LLC DBA: Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260

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 11, 2024

License No. ROC 349886

Re:Complaint No. 2024-06308

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 31, 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: 2 - Permit Required Investigator’s Observation: No Permit was obtained with the Local Building Department Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. A.R.S. § 32-1154(A)(2)(b)

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

Complaint Item: 1 - Roofers destroyed entire patio 38 X 14 feet and safety rails, iron beams, damaged lights

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: 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: Respondent 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 Jobsite Inspection Notes

Case No.: 2024-06308 Investigator: Miles Crosby Inspection Date: Tuesday, July 2, 2024 Inspection Time: 11:00 AM

Jobsite Address: 237 North East Street Globe, AZ 85501

Complainant: Dennis Gilman Respondent: Mountain Not Present: Construction and Home Services LLC 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.

In speaking to the City of Globe Building Department, it was discovered no permit was acquired by neither the Complainant nor the Respondent. The Contract does not specify whom will obtain the permit therefore putting the responsibility on the Respondent. It was also discovered that there was no history of permits for the property nor the porch construction. As the residence is not in its original condition, it would have required permits for any work done to bring the property to its current condition.

Initially a permit was not required by the Local Building Department, as the contract was for removal and installation of shingles only. However, once structural work was needed, i.e. removal of materials down to the rafters and installation of sheathing, a permit was required, as a “nail-off” inspection would have to be completed by the CBO. A roof sheathing inspection is a code requirement, therefor should be known the Respondent.

Although an inspection would have been completed for the sheathing, no inspection would have been completed or required for the structural aspect of the porch, therefor the fastening method of the porch ledger to the residence would not have been seen by the CBO. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

The Respondent will be required to “Correct by Appropriate Means”, the lack of permit by obtaining one, in accordance with the Local Building Departments requirements.

It cannot be determined the cause of the collapse and it does not appear to be due to poor workmanship and therefor the Respondent is not responsible for the unforeseen hazard of the porch is not required by the Registrar to correct.

Complaint Item: - 2 Permit Required Investigator’s Observation: No Permit was obtained with the Local Building Department Governing Rule: Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another. A.R.S. § 32-1154(A)(2)(b)

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 1 - Roofers destroyed entire patio 38 X 14 feet and safety rails, iron beams, damaged lights Investigator’s Observation: The porch likely collapsed due to deferred maintenance by the current or previous owners. Additionally, since the City has no record of this porch, it was likely built without permits. If the only thing keeping the porch together were the nails from the shingles and the contractor's work, simply removing the shingles causing it to collapse would not be considered poor workmanship. It does not appear the porch collapsed as a result of poor workmanship on the contractor's part. The Investigator was unable to determine the actual cause of the porch collapse. In dismissing this complaint, the Registrar makes no findings of fact or conclusions of law. Rather, the Registrar declines to exercise its statutory authority to issue a citation under Title 32, Chapter 10. For these reasons, the Registrar will not take further action on this matter.

The Registrar considers this matter closed and will not reconsider this decision.

Governing Rule: Not Applicable

Miles Crosby, Investigator #213 (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

8/2/24, 12:20 PM State of Arizona Mail - 2024-06308

Miles Crosby <[email redacted]>

2024-06308 Larry Felder <[email redacted]> Fri, Aug 2, 2024 at 12:17 PM To: Miles Crosby <[email redacted]>

Miles: Our office is not longer representing Mr. Gilman. Thanks, Larry

Lawrence J. Felder, Esq. Resolvere Law PLLC 3101 N. Central Avenue, Suite 850 Phoenix, Arizona 85012 http://www.resolverelaw.com D: (480) 725-9135

Please note that we have moved to Suite 850.

From: Miles Crosby <[email redacted]> Sent: Friday, August 2, 2024 12:15 PM To: Caden Cluff <[email redacted]>; dennis gilman <[email redacted]> Cc: Larry Felder <[email redacted]> Subject: 2024-06308

[Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=7dfe6f54c7&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/1 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Dennis Gilman Case No. 2024-06308 COMPLAINANT, v. Mountain Construction and Home Services LLC CITATION DBA: Mountain Roofers License No. ROC 349886,

RESPONDENT.

The Registrar issues this Citation to Mountain Construction and Home Services LLC DBA: Mountain Roofers (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 28, 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 21, 2024, Dennis Gilman (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating:

Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building

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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 codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-06308.

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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 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 August 28, 2024.

This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

deadline ten days after service of the Citation. Service of the Citation and Complaint is

complete five days after the Registrar mails a copy of the Citation and Complaint to

Respondent’s latest address of record in the Registrar’s office.

Consequences for Failing to File a Written Answer: If Respondent fails to answer,

Respondent’s failure may be deemed an admission of the act or acts charged in the written

complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s

license(s).

THE ADMINISTRATIVE HEARING

If Respondent files a timely written answer contesting any charges in the Complaint,

then the Registrar will request the Office of Administrative Hearings set a date for an

administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S.

§ 41-1092.05(D).

INVESTIGATOR’S APPEARANCE AS A WITNESS

The Registrar’s assigned investigator will appear as a witness at the hearing. If either

party demands the attendance at the hearing of any other person, that party must obtain and

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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 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 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

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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 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 August 13, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 13, 2024 to: Respondent Certified Mail No: [number redacted] Mountain Construction and Home Services LLC DBA: Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260 Copy mailed by USPS First Class mail this same date to:

Mountain Construction and Home Services LLC DBA: Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260

Complainant Dennis Gilman 237 North East Street Globe, AZ 85501

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. 2024-06308 / MTH of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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)

Dennis Gilman Mailing Address (Enter jobsite in Contract/Project section) City State Zip

237 North East Street Globe Arizona 85501 Phone Number Email

(602) 358-1204 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Lawrence J Felder Street Address of Attorney City State Zip

3101 North Central Ave. Suite# 850 Phoenix Arizona 85012 Phone Number of Attorney Email of Attorney

[number redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Mountain Roofers ROC 349886 Street Address City State Zip

Phone Number Email

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

Caden Cluff;Sara Pugh Contract/Project Information Contract Date Contract Amount Amount Paid

April 26, 2024 $12,213.50 $6,200.00 Date Work Started Date Work Stopped Date Work Was Completed

May 9, 2024 May 11, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

237 North East Street Globe AZ 85501 Name of Construction Site Owner Construction Site Name (if applicable)

Dennis Gilman Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work;Other 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? No

The contract was Written All change orders were Written This project was Residential This project involved Remodel

A building permit was obtained by N/A 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)

They claimed they would complete patio (which needs tile as part of agreement but removed it and have not returned. I contacted other contractors and estimate to replace and repair is $18,000. The balance of contract to complete roof is aprox $6,000. Roof cannot be complete because they took 38X14 feet of it. Allegations Listed on Complaint:

Roofers destroyed entire patio 38 X 14 feet and safety rails, iron beams, damaged lights

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

Dennis Gilman \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 ESTIMATE Prepared For

Dennis Gilman 237 N East St Globe, AZ 85501

Mountain Roofers Estimate # 3243 Date 04/26/2024 8825 E Palm Ridge Drive Scottsdale, AZ 85260 Business / Tax AZROC 349886 UT 13607256- Phone: (435) 222-3066 # 5501 Email: [email redacted] Web: mtnroofers.com

Description

Shingle Re-roof Upgraded package - Tear off existing material down to decking x2

- Install new drip edge on all rakes and eaves of home

- Install Ice and Water barrier to all valleys, eaves, and penetrations

- Install synthetic underlayment over remainder of roof

- Install starter shingle

- Install upgraded architectural shingle on roof

- Install ventilation system

- Replace pipe flashings

- Conduct final inspection to ensure proper installation

Damaged decking will be reported to the home owner and replaced for $65 a sheet

Damaged fascia will be reported to home owner and replaced for $15 a linear foot

This estimate is subject to change based on field verification by contractor

Subtotal $12,213.50

Total $12,213.50

By signing this document, the customer agrees to the services and conditions outlined in this document.

Dennis Gilman

ESTIMATE Prepared For

Dennis Gilman 237 N East St Globe, AZ 85501

Mountain Roofers Estimate # 3257 Date 05/10/2024 8825 E Palm Ridge Drive Scottsdale, AZ 85260 Business / Tax AZROC 349886 UT 13607256- Phone: (435) 222-3066 # 5501 Email: [email redacted] Web: mtnroofers.com

Description

Additional Layer (Change order) - Tear off additional layer x4 shingle CDX Wood shake shingle

- Tear off and replace Fascia board x140LF

- Install new OSB on entire roof

- Repair damaged 2x4’s

( as a licensed contractor we are required to build to code)

Customer expressed desire to bring building to code and do it right.

Subtotal $5,955.00

Total $5,955.00

By signing this document, the customer agrees to the services and conditions outlined in this document.

Dennis Gilman

Payment receipt

You paid $6,200.00 to Mountain Roofers on 4/26/2024

Invoice no. 331 Invoice amount $12,213.50 Total $6,200.00

Outstanding balance $6,013.50 Status Partially paid Payment method Credit Card Authorization ID MU0209565417

Thank you

Mountain Roofers +1 [number redacted]

[email redacted] 8825 E Palm Ridge Dr, Scottsdale, AZ 85260

No additional transfer fees or taxes apply.

Intuit Payments Inc (IPI) processes payments as an agent of the business. Payments processed by IPI constitutes payment to the business and satisfies your obligation to pay the business, including in connection with any dispute or case, in law or equity. Money movement services are provided by IPI pursuant to IPI's licenses (NMLS #1098819, https://www.intuit.com/legal/licenses/payment-licenses). IPI is located at 2700 Coast Avenue, Mountain View, CA 94043, 1-888-536-4801. Mountain Roofers 8825 E Palm Ridge Dr Scottsdale, AZ 85260 US +1 [number redacted] [email redacted]

INVOICE BILL TO INVOICE 331 Dennis Gilman DATE 04/26/2024 237 N East St DUE DATE 04/26/2024 Globe, AZ 85501

SERVICE DESCRIPTION QTY RATE AMOUNT

Roof replacement see invoice attached for scope of work. First payment. If 12,213.50 12,213.50 supplement is required Mountain Roofers will submit required documentation for approval

Thank you for your business. BALANCE DUE $12,213.50

aHR0cHM6Ly9jb21wYW55Y2FtLXBlbmRpbmcuczMuYW1hem9uYXdzLmNvbS80OGNlN2Q2Ni04OGFjLTQ5MTItOTY0Ni02YzViMTVjZDZhNDYuanBn.jpeg ...

https://static.companycam.com/...zE5OTY0NDkw*_ga_J48HTRJMG3*MTcyMDYzMjc0MS4yLjEuMTcyMDYzMjc2Mi4zOS4wLjA.[7/10/2024 10:36:41 AM] 8/28/24, 1:08 PM State of Arizona Mail - Written Answer to Citation and Complaint Case No. 2024-06308.

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint Case No. 2024-06308. message

Caden Cluff <[email redacted]> Wed, Aug 28, 2024 at 11:48 AM To: [email redacted] Cc: [email redacted], Sara Pugh <[email redacted]>

Written Answer to Citation and Complaint Case No. 2024-06308.

Good afternoon, we have been working on getting a permit pulled with the city of Globe AZ in order to resolve this matter. We have been in contact with both the city and an engineer in order to resolve this in the best way possible. We have also reached out to the home owner seeking approval to do either a partial or full tear off of the roof in order to comply with the cities requests for a decking inspection. We are waiting on a response from both the city of Globe and the homeowner to begin this process. Thank you!

Caden Cluff CEO Mountain Roofers UT LIC: 13607256-5501 AZ LIC: ROC 349896

(435) 799-9665 [email redacted] https://www.mtnroofers.com Utah | Arizona

https://mail.google.com/mail/b/AEoRXRR0Gp5aq_9a4bSEMAUpX0i2gvzaoW5TLN9IhEB0hUTGZHPD/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 1/1 Complaint #2024-06308 P 1 Respondent Job Photos PHOTOS Complaint #2024-06308 P 2 Respondent Job Photos PHOTOS Complaint #2024-06308 P 3 Respondent Job Photos PHOTOS Complaint #2024-06308 P 4 Respondent Job Photos PHOTOS Complaint #2024-06308 P 5 Respondent Job Photos PHOTOS Complaint #2024-06308 P 6 Respondent Job Photos PHOTOS Complaint #2024-06308 P 7 Respondent Job Photos PHOTOS Complaint #2024-06308 P 8 Respondent Job Photos PHOTOS Complaint #2024-06308 P 9 Respondent Job Photos PHOTOS Complaint #2024-06308 P 10 Respondent Job Photos PHOTOS Complaint #2024-06308 P 11 Respondent Job Photos PHOTOS Complaint #2024-06308 P 12 Respondent Job Photos PHOTOS Complaint #2024-06308 P 13 Respondent Job Photos PHOTOS Complaint #2024-06308 P 14 Respondent Job Photos PHOTOS Complaint #2024-06308 P 15 Respondent Job Photos PHOTOS Complaint #2024-06308 P 16 Respondent 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Complaint #2024-06308 P 193 Respondent Job Photos PHOTOS Complaint #2024-06308 P 194 Respondent Job Photos PHOTOS Complaint #2024-06308 P 195 Respondent Job Photos PHOTOS Complaint #2024-06308 P 196 Respondent Job Photos PHOTOS Complaint #2024-06308 P 197 Respondent Job Photos PHOTOS Complaint #2024-06308 P 198 Respondent Job Photos PHOTOS Complaint #2024-06308 P 199 Respondent Job Photos PHOTOS Complaint #2024-06308 P 200 Respondent Job Photos PHOTOS Complaint #2024-06308 P 201 Respondent Job Photos PHOTOS Complaint #2024-06308 P 202 Respondent Job Photos PHOTOS Complaint #2024-06308 P 203 Respondent Job Photos PHOTOS Complaint #2024-06308 P 204 Respondent Job Photos PHOTOS Complaint #2024-06308 P 205 Respondent Job Photos PHOTOS Complaint #2024-06308 P 206 Respondent Job Photos PHOTOS Complaint #2024-06308 P 207 Respondent Job Photos PHOTOS Complaint #2024-06308 P 208 Respondent Job Photos PHOTOS Complaint #2024-06308 P 209 Respondent Job Photos PHOTOS Complaint #2024-06308 P 210 Respondent Job Photos PHOTOS Complaint #2024-06308 P 211 Respondent Job Photos PHOTOS Complaint #2024-06308 P 212 Respondent Job Photos PHOTOS Complaint #2024-06308 P 213 Respondent Job Photos PHOTOS Complaint #2024-06308 P 214 Respondent Job Photos PHOTOS Complaint #2024-06308 P 215 Respondent Job Photos PHOTOS Complaint #2024-06308 P 216 Respondent Job Photos PHOTOS Complaint #2024-06308 P 217 Respondent Job Photos PHOTOS Complaint #2024-06308 P 218 Respondent Job Photos PHOTOS Complaint #2024-06308 P 219 Respondent Job Photos PHOTOS Complaint #2024-06308 P 220 Respondent Job Photos PHOTOS 7/10/24, 11:23 AM State of Arizona Mail - Photos

Miles Crosby <[email redacted]>

Photos messages

dennis gilman <[email redacted]> Tue, Jul 2, 2024 at 1:20 PM To: Miles Crosby <[email redacted]>

Hi Miles, Here are a few shots.

Sent from my iPhone

attachments

IMG_2901.PNG 915K

IMG_2902.jpg 97K

dennis gilman <[email redacted]> Tue, Jul 2, 2024 at 1:38 PM To: Miles Crosby <[email redacted]>, dennis gilman <[email redacted]>

I apologize if you are receiving duplicates. This one shows they seemed to strip down patio roof to reshingle.

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 7/10/24, 11:23 AM State of Arizona Mail - Photos

IMG_2703.jpeg 97K

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 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