2024A-06429-CHC-ROC Notice of Hearing & Packet MAILED 2024-06429.pdf

2024A-06429-CHC-ROC · Registrar of Contractors · 2024-10-11

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patricia Marie West , Case No. 2024-06429

COMPLAINANT, Docket No. 2024A-06429-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Diamond Painting Inc. License No. ROC 277252,

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

HEARING INFORMATION The hearing is set for:

November 25, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on September 16, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated October 11, 2024.

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

Copy mailed via USPS First Class mail October 11, 2024 to:

Respondent(s) Diamond Painting Inc. 10765 W Robin Ln Sun City, AZ 85373

Complainant(s) Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-06429 /

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

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.

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

Complainant: Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387

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: Diamond Painting Inc 10765 W Robin Ln Sun City, AZ 85373

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 6, 2024

Re: Complaint No. 2024-06429

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, July 5, 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,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov 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 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 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 Complaint #2024-06429 P 1 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 2 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 3 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 4 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 5 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 6 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 7 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 8 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 9 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 10 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 11 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 12 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 13 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 14 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 15 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 16 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 17 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 18 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 19 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 20 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 21 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 22 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 23 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 24 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 25 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 26 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 27 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 28 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 29 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 30 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 31 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 32 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 33 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 34 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Complaint #2024-06429 P 35 JSI date 7/3/2024 at 2:00 PM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-06429 Investigator: Joey Chester Inspection Date: Friday, July 5, 2024 Inspection Time: 10:00 AM

Complainant: Patricia Marie West Respondent: Diamond Painting Not Present: Inc Not Present:

Jobsite General Notes: JSI occurred on July 3rd 2024 at 2:00pm. Homeowner Patricia West was present for the inspection and Don Tellefsen was representing Diamond Painting. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item 1: poor paint job. Undersprayed, overspray & not sprayed Investigator’s Observation: Verified. The Respondent will need to correct this by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 2: House trim left unpainted Investigator’s Observation: At time of inspection viewed multiple areas that were not painted, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 3: Stucco cracked on house and pony walls unpainted Investigator’s Observation: At time of inspection verified cracks filled with caulking but not painted, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 4: Garage door and trim all painted same color Investigator’s Observation: Complaint item does not constitute poor workmanship,

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

and meets minimum workmanship standards. Governing Rule: N/A

Complaint Item 5: Powder coated security door on garage foot door/ paint spray Investigator’s Observation: Unable to verify, no evidence to prove or disprove the damage is the responsibility of the Respondent. Governing Rule: N/A

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

Complainant: Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Diamond Painting Inc DBA: 10765 W Robin Ln Sun City, AZ 85373

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 10, 2024

License No. ROC 277252

Re:Complaint No. 2024-06429

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, August 2, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

Complaint Item 2: House trim left unpainted Investigator’s Observation: At time of inspection viewed multiple areas that were not painted, respondent to correct by appropriate means.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint Item 4: Garage door and trim all painted same color Investigator’s Observation: Complaint item does not constitute poor workmanship, and meets minimum workmanship standards. Governing Rule: N/A

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

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387

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

C012 12/23 Respondent: Diamond Painting Inc DBA: 10765 W Robin Ln Sun City, AZ 85373

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

C012 12/23 August 20, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-06429

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Monday, September 9th, 2024 at 2:00 PM to determine the current status of the items listed on the issued Directive.

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

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

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

C012 12/23 Complaint #2024-06429 P 1 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 2 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 3 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 4 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 5 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 6 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 7 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 8 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 9 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 10 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 11 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 12 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 13 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 14 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 15 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 16 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 17 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 18 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 19 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 20 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 21 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 22 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 23 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 24 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 25 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 26 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 27 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 28 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 29 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 30 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 31 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 32 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 33 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 34 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 35 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 36 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 37 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 38 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 39 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 40 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 41 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 42 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 43 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 44 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 45 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 46 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 47 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 48 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 49 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 50 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 51 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 52 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 53 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 54 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 55 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 56 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 57 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 58 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 59 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 60 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 61 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 62 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 63 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 64 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complaint #2024-06429 P 65 CJSI date 9/9/2024 at 2:00pm CJSI PHOTOS Complainant: Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Diamond Painting Inc DBA: 10765 W Robin Ln Sun City, AZ 85373

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-06429 Investigator: Joey Chester Inspection Date: Monday, September 9, 2024 Inspection Time: 2:00 PM

Compliance Jobsite General Notes: CJSI occurred on Friday September 6th 2024 at 2:00pm. Homeowner Patricia West was present, the respondent was not present for complaince inspection. CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item 1: poor paint job. Undersprayed, overspray & not sprayed Investigator’s Observation: During compliance inspection verified areas that were not painted.

Complaint Item 2: House trim left unpainted Investigator’s Observation: Verified front trim of house that had been unpainted

Complaint Item 3: Stucco cracked on house and pony walls unpainted Investigator’s Observation: Paint peeling and chipping off painted pony walls front and backyard

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

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

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Patricia Marie West Case No. 2024-06429 COMPLAINANT, v. Diamond Painting Inc CITATION License No. ROC 277252,

RESPONDENT.

The Registrar issues this Citation to Diamond Painting Inc (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by October 1, 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 3, 2024, Patricia Marie West (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge 2: A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-06429. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 1, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 16, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 16, 2024 to:

Respondent Certified Mail No: [number redacted]

Diamond Painting Inc 10765 W Robin Ln Sun City, AZ 85373 Copy mailed by USPS First Class mail this same date to:

Diamond Painting Inc 10765 W Robin Ln Sun City, AZ 85373 Complainant Patricia Marie West 16740 W Villagio Drive Surprise, AZ 85387 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2024-06429 / MTH

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 Received by Investigations 06/03/2024 2024-06429 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)

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

Arizona Phone Number Email

I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Arizona Phone Number of Attorney Email of Attorney

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

Street Address City State Zip

Phone Number Email

Name of Person(s) Representing License

Contract/Project Information Contract Date Contract Amount Amount Paid

April 24, 2024 $2,500.00 $2,500.00 Date Work Started Date Work Stopped Date Work Was Completed

May 1, 2024 May 7, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

16740 W Villagio Drive Surprise AZ 85387 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Written All change orders were N/A This project was Residential This project involved

A building permit was obtained by 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)

Allegations Listed on Complaint:

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

\complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Received 9/27/24, 1:09 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

Answers - AZROC <[email redacted]>

2024-06429 message

Don Tellefsen <[email redacted]> Fri, Sep 27, 2024 at 12:17 PM To: "[email redacted]" <[email redacted]>

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 Received 9/27/24, 1:09 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal Please find 2 emails one with enclosed pictures of work I did after the corrective work order was issued and the other are forms. The homeowner refused to walk at any point. I returned after the inspector was notified that the touchups were not completed. I returned a second time And the homeowner stated it is not her responsibility to walk around and show me anything. So I brought a form for her to sign stating she would walk around and she refused. 1. The homeowner did not get HOA approval for her house and got caught not using the exact colors. The homeowner has lived in this house for 25 years she stated. When I called the HOA to verify if she ever received approval for the last 25 years for painting her house the HOA stated that is private information so I couldn't access that information. 2. On the proposal I clearly stated the colors would be matched. I took a piece of peeling paint from both the trim and the body of the house to get color matched at the paint store. When the inspector showed up on the first walk around for the corrective work order she pulled out paint from her garage the last painter used and stated here is the colors. I was never informed of this information. 3. The homeowner clearly does not want her house repaired she wants it painted the HOA colors she failed to get approved. I went there twice to complete repairs. The lady was extremely combative - screaming calling me incompetent and other choice words. I did not go back to the 3rd inspection I mentally could not deal with anymore abuse. The lady is 83 years old and very hard to deal with. 4. In between the first corrective work order and the second time i went there to try to make her satisfied she had another contractor come there and completed work on the outside of the house. I have picture attached from August 8th 2024 in this email. ARS-3211521. 5. I told the inspector other contractors were at here house doing repairs on the exterior of the home I mentioned the statute and also emailed him that information his response was to send it to legal this was before the complaint process was sent to legal. 6. I had without a doubt wanted to finish this customers house but it was nearly impossible. She never would come outside and look around and wanted nothing to do with closing and finishing this job. 7. Picture with the Sun City HOA vehicle was the HOA gentlemen who came there and stated to me the colors are wrong also stated I will never do work in Sun City Grand again. 8. I do not know what more I could do if the customer is not interested walking around and pointing out any issues she sees with me. She clearly will walk around with the inspector....

attachments complaint august 12 2024.docx 20K 16740.docx 20K

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Received 9/27/2024 ROC Legal

Diamond Painting Inc. AZ License ROC277252 Insured Bonded Phone - (623)910-1282 Email – [email redacted] - www.diamondpainting.contractors Date – July 16th 2024

Patricia Marie West 16740 W. Villagio way Surprise AZ 85387

Diamond Painting Inc. has received and reviewed the complaint issued and would like to return and repair complaint items 1-3. There will be no color changes only work that needs to be completed as per AZ ROC.

The date Diamond Painting Inc. can return is Monday July 29th 2024 at 7:30-8:00am.

Diamond Painting Inc. can be notiﬁed by the following:

Email – [email redacted] Phone Text message – 623-910-1282 Mail – 10765 w Robin Lane Sun City AZ 85373

Look forward to completing ROC items 1-3.

Don Tellefsen

damage caused by structure shifting or settling. Stucco damage caused by water damage from sprinklers or damage caused by weather related incidents. Diamond Painting Inc. reserves the right to refuse service at any time. Any alterations or modiﬁed work done by another contractor or the owner of the structure to the property after Diamond Painting Inc. has completed contract/work is not the responsibility of Diamond Painting Inc. and Diamond Painting Inc. will not warranty or repair such areas. Diamond Painting Inc. only uses Sherwin Williams or Behr Brand paints and stains for exterior projects unless otherwise noted.. Diamond Painting Inc. only uses Sherwin Williams or Behr Paints for Interior Projects there is no exceptions or other manufacture substitutes. Project Time of completion will be an approximate estimate. Time of completion could be shorter than stated above. Example.: There is no refunds if a project is finished sooner than anticipated. Diamond Painting Inc.is not responsible for color matches unless an exact color name and color code is supplied by homeowner. Colors can be different when paint is color matched.

Diamond Painting Inc. is not responsible for any weather related delays that might occur. Payment for any service is due the day of completion of the work stated above. Received 9/27/2024 ROC Legal

Diamond Painting Inc. AZ License ROC277252 Insured Bonded Phone - (623)910-1282 Email – [email redacted] - www.diamondpainting.contractors Date – August 15th 2024

Patricia Marie West 16740 W. Villagio way Surprise AZ 85387

ROC – John Chester

Diamond Painting Inc. has been requested to touch-up more items than previously completed on August 8th 2024 per ROC directive order. Diamond Painting Inc. needs assistance in locating items that need to be repaired. Pat West has been asked to apply painters touch-up tape to such locations or Physically pointing the items out as the work is being repaired. By signing below you are agreeing to either applying painters tape to such areas that need to be repaired or Physically pointing out the items as the work is being repaired. If you refuse to sign below then Diamond Painting Inc. cannot complete touch-ups or repairs areas were Pat West states there are areas to be repaired. Pat West also agrees when work is completed on August 15th 2024 she will sign a form that states Diamond Painting Inc. has completed the necessary repairs. By signing below you agree to the above stated terms. After August 15th 2024 there will be no contact from Pat West by either Text or Phone to Diamond Painting Inc. or Donald Tellefsen. Diamond Painting Inc. will not complete any work if this form is not signed for the safety of myself on her property.

XXX______________________________________________ August 15th 2024

**There is 2 year warranty on all paints being applied by Diamond Painting Inc. The warranty excludes any acts of god were the weather (Hail – Monsoon damage – rain damage) water leaks from building structures or sprinklers that have caused water spots or damage to building structure which has caused paint to peel – blister or ﬂake which is beyond our control. Wood cracking or splitting after work has been completed where it caused the paint to fail – blister or chip. Stucco damage caused by structure shifting or settling. Stucco damage caused by water damage from sprinklers or damage caused by weather related incidents. Diamond Painting Inc. reserves the right to refuse service at any time. Any alterations or modiﬁed work done by another contractor or the owner of the structure to the property after Diamond Painting Inc. has completed contract/work is not the responsibility of Diamond Painting Inc. and Diamond Painting Inc. will not warranty or repair such areas Diamond Painting Inc. only uses Sherwin Williams or Behr Brand paints and stains for exterior projects unless otherwise noted.. Diamond Painting Inc. only uses Sherwin Williams or Behr Paints for Interior Projects there is no exceptions or other manufacture substitutes. Project Time of completion will be an approximate estimate. Time of completion could be shorter than stated above. Example.: There is no refunds if a project is finished sooner than anticipated. Diamond Painting Inc.is not responsible for color matches unless an exact color name and color code is supplied by homeowner. Colors can be different when paint is color matched.

Diamond Painting Inc. is not responsible for any weather related delays that might occur. Payment for any service is due the day of completion of the work stated above. Received 9/27/2024 ROC Legal Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

Answers - AZROC <[email redacted]>

2024-06429 message

Don Tellefsen <[email redacted]> Fri, Sep 27, 2024 at 12:19 PM To: "[email redacted]" <[email redacted]>

Please find enclosed pictures this is the second of 2 emails. Thanx don

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 1/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 2/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 3/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 4/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 5/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 6/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 8/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permt… 9/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 11/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 12/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 13/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 14/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 15/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 16/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 18/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 22/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 23/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&perm… 27/34 Received 9/27/24, 1:10 PM State of Arizona Mail - 2024-06429 9/27/2024 ROC Legal

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Answers - AZROC <[email redacted]>

Re: ROC Case 2024-06429 Directive Extended message

Don Tellefsen <[email redacted]> Fri, Sep 27, 2024 at 12:50 PM To: "[email redacted]" <[email redacted]>

Please find enclosed emails between myself and ROC inspector

From: Don Tellefsen <[email redacted]> Sent: Monday, September 9, 2024 9:48 AM To: [email redacted] <[email redacted]> Subject: Fw: ROC Case 2024-06429 Directive Extended

From: Don Tellefsen <[email redacted]> Sent: Monday, September 9, 2024 8:49 AM To: gopaintaz (null) <[email redacted]> Subject: Re: ROC Case 2024-06429 Directive Extended

Good Morning,

Please find attached form I had asked the homeowner to sign the second time I had returned to her home. She refused to physically or verbally explain to me or show me were the touch-ups she is seeing at her home. She refused both times she stating it is not her job to help me. With that being said I will not be returning to do another walk around I have been there twice. The homeowner has shown zero interest in resolving issues at her own house. She will not explain or show me were the touch-ups she states she can see. She verbally refused to sign any paperwork stating that she would walk around and physically show were any touch-up spot are located.

She has had another contractor come there and install plastic cover on the east side of the house and that contractor had caulked and painted that item during this complaint process actually between the first and second time I went there. I took pictures.

I have over 100 pictures and videos I will not be threatened by her neighbors or the HOA guy who showed up and gave me a lecture about ruining my business and making sure I never do work in there area again.. I also have text messages i had to write to her explaining to her if she keeps connecting me I will file some sort of restraining order.

Thanx Don Diamond Painting Inc.

From: gopaintaz (null) <[email redacted]> Sent: Monday, September 9, 2024 8:36 AM To: Don Tellefsen <[email redacted]> Subject: Fwd: ROC Case 2024-06429 Directive Extended

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/5 Received 9/27/24, 1:10 PM State of Arizona Mail - Re: ROC Case 2024-06429 Directive Extended 9/27/2024 ROC Legal

Begin forwarded message:

From: "gopaintaz (null)" <[email redacted]> Date: August 16, 2024 at 11:00:15 AM MST To: John Chester <[email redacted]> Subject: Re: ROC Case 2024-06429 Directive Extended

Good morning

Just wanted to give a heads up that I returned for a second time to do more items yesterday August 15th. I had asked homeowner to mark spots with any kind of tape or post it notes etc that she seen that I could not see or find. I also asked if she could physically show me. She refused by stating I am not the painter. So with that statement I walked around without her again and touched up what I saw. Pretty difficult to complete the directive if the lady isn’t willing to show me what she sees with her eyes. Lady is extremely combative and extremely hard to deal with. I made a form that states she would be willing to do the above following I mentioned and if she could sign the form so I could get this over and done with and like I stated she refused the form and walking around her own house. All this information in this email was mailed on August 16th. Thanx Don

On Aug 12, 2024, at 4:38 PM, John Chester <[email redacted]> wrote:

I don't do anything with the directive til it ends. I only send cases to legal for hearing if the contractor failed to complete the directive. As of right now the directive is not done so I can't confirm that.

On Mon, Aug 12, 2024 at 4:33 PM gopaintaz (null) <[email redacted]> wrote: I demand you send this to administration hearing whether I lose my license and finally retire I recorded everything on video the entire time I was there on August 8th everything including her statements about everything looks good now.. I also recorded everything at the meeting with you and her. The customer has zero intention on ending this no matter what I do. Been doing this since 1996 been to 4 ROC hearings in 28 years never had one with video evidence. Sent from my iPad

On Aug 12, 2024, at 3:23 PM, John Chester <[email redacted]> wrote:

She called last week and stated that you did come by and paint but not everything was done. I explained that the directive ends on Friday the 16th so maybe the contractor was going to return next week, that is what I stated. I am not a consultant for either party to tell them what to do, that is between you and the homeowner on getting the items completed in the directive. Once the directive is complete, I will ask the homeowner if they want me to complete a compliance inspection or if they are satisfied with the job. If a compliance inspection is needed then I will go out and look at the directive items only to determine if they meet standards and if they do I close the case, if not then the case gets sent to the legal department.

On Mon, Aug 12, 2024 at 1:58 PM gopaintaz (null) <[email redacted]> wrote: Ok I see we’re this is going.

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/5 Received 9/27/24, 1:10 PM State of Arizona Mail - Re: ROC Case 2024-06429 Directive Extended 9/27/2024 I just called the homeowner now August 12th 2024 at 1:45pm after walking ROC Legal around with her and completing the corrective work order on August 8 2024 there is now new issues apparently from today August 12th 2024. She stated she had a painting contractor come there and give her an estimate on doing exterior work at her house she stated that she did that yesterday Sunday August 11th. I asked her do you want me to return tomorrow August 13th and once again walk around with her and address any issues and she stated no she has too much going on. I want answers to what is going on if can’t provide me answers then get someone who can. Enough is enough.

On Aug 12, 2024, at 1:41 PM, gopaintaz (null) <[email redacted]> wrote:

Ok did she contact you after I completed the work or do I need to send the 55 pictures I took after I completed the corrective or the video I recorded of the entire conversation as I was leaving as I finished. I will wait til tomorrow for your answer and go from there. Don

On Aug 12, 2024, at 1:05 PM, John Chester <[email redacted]> wrote:

The directive ends Friday. All directive items need to be complete by then.

On Mon, Aug 12, 2024, 7:50 AM gopaintaz (null) <[email redacted]> wrote: What is the status of this complaint.

On Jul 19, 2024, at 4:21 PM, John Chester <[email redacted]> wrote:

Good afternoon all,

Just wanted to update both parties that the directive has been extended to Friday August 16th. I have attached the directive with the new expiration date for your records. Thank you and have a great weekend!

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 3/5 Received 9/27/24, 1:10 PM State of Arizona Mail - Re: ROC Case 2024-06429 Directive Extended 9/27/2024 ROC Legal Phone: 480-645- 1845

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<20240719 Written Directive 2024-06429.pdf>

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

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

-- Joey Chester Investigator #226 Arizona Registrar of Contractors https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 4/5 Received 9/27/24, 1:10 PM State of Arizona Mail - Re: ROC Case 2024-06429 Directive Extended 9/27/2024 ROC Legal 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

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

https://mail.google.com/mail/b/AEoRXRQYvcEQ1iaGrc-4n1AqnAp0OUgMZW4-7gP_CjCzFaDY0idA/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 5/5 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