2024A-06919-CHC-ROC Notice of Hearing & Packet MAILED 2024-06919.pdf

2024A-06919-CHC-ROC · Registrar of Contractors · 2024-10-07

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Carol Ohlund , Case No. 2024-06919

COMPLAINANT, Docket No. 2024A-06919-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Diamondback Flooring LLC License No. ROC 311107,

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

HEARING INFORMATION The hearing is set for:

November 19, 2024 9:00 AM Samuel Fox 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 10, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

Charge: 3 A.R.S. § 32-1154(A)(9)(a)

Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 5 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING

Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge.

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

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

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

HEARING PROCEDURES AND RULES

The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

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

certain documents to the parties and the Office of Administrative Hearings. These documents

are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit

additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.

The party seeking a subpoena must serve notice on all the parties to the hearing, and on the

Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-

%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties,

the party must file a written motion with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.

The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION

In any case which is resolved or settled by the parties, or which is withdrawn by the

Complainant without objection from Respondent after the Notice of Hearing is issued, the

parties must notify the Office of Administrative Hearings of the resolution or settlement. Any

such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated October 7, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail October 7, 2024 to: Respondent(s) Diamondback Flooring LLC 4220 W Magdalena Ln Laveen, AZ 85339 Complainant(s) Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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. 2024-06919 /

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: Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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: Diamondback Flooring LLC 4220 W Magdalena Lane Laveen, AZ 85339

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 18, 2024

Re: Complaint No. 2024-06919

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for July 25, 2024 at 11:30 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,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

Cc: File Respondent Complainant

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.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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: Diamondback Flooring LLC 4220 W Magdalena Ln Laveen, AZ 85339

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 20, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-06919

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 25, 2024 at 11:30 AM has been rescheduled July 26, 2024 at 11:30 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,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 David Fagerburg #210 2024-06919 JSI Photos

July 26, 2024 - 11:30 AM

3045 E Dahlia Dr Phoenix, AZ 85032

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-06919 Investigator: David Fagerburg #210 Inspection Date: July 26, 2024 Inspection Time: 11:30 AM

Complainant: Carol Ohlund, Respondent: Diamondback Homeowner Flooring LLC, Keith Jacobson, Not Present: Owner & QP, Luis D Mendez, Owner & QP Arizona Flooring Designs LLC Not Present:

Jobsite General Notes: Both parties were present at this jobsite investigation JSI photos taken with my Pixel 6 Pro Cell Phone JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. Photos #1 and #2 are of the complainant’s residence and address.

Investigator Notes: 1: Upon reviewing the written contract/invoice submitted by the complainant I am able to verify there is at least 1 of the 9 minimum elements of a contract missing violating ARS §32-1158 (A) Minimum elements of a contract. Specifically #1, #4 and #9.

2: Upon reviewing Arizona Flooring Designs LLC ROC 329477 CR-8 Floor Covering I am able to verify the license has been suspended for lack of qualifying party as of December 28, 2020 which is an administrative suspension. ROC 329477 cannot perform any corrective or warranty work until the license returns to an active status. 3: This compliant is related to ROC complaint 2024-07195.

Complaint Narrative: Diamondback flooring used a contractor to install that has a suspended license , up charged 900 2 days latter, did not send a licensed contractor back to complete repairs. has not responded to my request for work to be completed correctly by a ROC contractor in good standing. suspended company is Arizona flooring designs/ Luis memdez Mesa AZ

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 RCC100 11/18

Compliant Item 1: diamondback flooring used a contractor for the labor who has a suspended license .for no qualifying party. Investigator’s Observation: Prior to this jobsite investigation during a phone conversation the respondent acknowledged that the work was performed by a 1099 employee. I informed the respondent that if unemployment, social security, worker compensation and other taxes are being withheld from a person’s paycheck then that person is considered a W2 employee and does not have to be licensed to perform the work under the license. But if the work is subcontracted to another person as a 1099 employee that person must be licensed for any project over $1,000.00 in the same license scope. Governing Rule: A.R.S. § 32-1154 (A) (9) (A) Aiding or abetting a licensed or unlicensed person. Warning letter issued.

Compliant Item 2: He also sent a bill to up charge 900 2 days after the job when i had several complaints about the work not being good. Investigator’s Observation: At this jobsite investigation both parties agree the respondent removed the additional $900.00 up charge on the invoice. The ROC does not get involved in financial disputes. Governing Rule: No Action

Compliant Item 3: Keith Richardson misrepresented the installer as a sub contractor under his ROC license. This is not allowed in AZ Investigator’s Observation: This complaint item has been previously addressed in complaint item 1 and Investigator Note #2. Governing Rule: No Action

Compliant Item 4: When questioned about the installer he then lied and said they were 1099 employees. Investigator’s Observation: This complaint item has been previously addressed in complaint item 1 and investigator note 2. Governing Rule: No Action

Addendum Compliant Item 1: boards chat click when you step on them Investigator’s Observation: At this jobsite investigation while walking on the LVP floating floor system I was able to hear a type of click or crunching sound at some but not all locations. It is this investigators opinion that it is more likely than not that the clicking/crunching sound observed is the result of debris under the flooring. On August 9, 2024 I received an email from the manufacturer of the flooring Republic stating that the subfloor needs to meet the requirements of clean, dry, flat and level and the vinyl plank floor should be removed to ensure a quality installation. The respondent shall determine the cause of the clicking/crunching sound and correct by appropriate means. See P (3), P (6), P (12), P (13), P (17) and P (19). Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 RCC100 11/18

Addendum Compliant Item 2: hollow sounding in the entire hallway. Investigator’s Observation: At this jobsite investigation I informed the complainant that an LVP floating floor system does have a hollow sound when walking on the surface as the surface is floating and not glued down. Governing Rule: No Action

Addendum Compliant Item 3: floors that are uneven in multiple places in the house. example the dining room floor has a raised area in the center of the room its so bad it makes the trim work that is against the kitchen cabinets is so unlevel you can see it from across the room its so bad. In the kitchen it slopes down to the back door. Investigator’s Observation: At this jobsite investigation I observed and am able to verify there are multiple places in the kitchen and dining room that are uneven and wavy. In the bedrooms I am able to verify the floors are level. See P (17) thru P (20). At 1 location near the back door in the dining room I observed as much as a ¾” variance from level over 4’. See P (3) thru P (9). Per ROC Workmanship Standards floors should not vary from flat more than 1/4" over a 10' area provided the deviation is gradual. Deviations, dips, or sags over short distances and easily visible to the eye may be considered unacceptable. On August 9, 2024 I received an email from the manufacturer of the flooring Republic stating that the subfloor needs to meet the requirements of clean, dry, flat and level and the vinyl plank floor should be removed to ensure a quality installation. The respondent accepted the surface, shall comply with the manufacturers installation specifications and correct the floors that are uneven in multiple places by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Addendum Compliant Item 4: 2 of my doors dont close right because the trim was cut to long and pushes the door frame. Investigator’s Observation: At this jobsite investigation the complainant showed me where the doors to a bedroom and bathroom do not close and hit the door jambs. The complainant explained that the respondent cut the baseboards too long and forced the door casing and jamb to come in contact with the door. Upon further observation I did not see any evidence of movement as the casing joint to the drywall is caulked and sealed. There is no indication that the door jambs at both locations has moved. See P (10 thru P (15). There is insufficient evidence to substantiate that the doors that don’t close right is the result of the respondent’s poor workmanship. Governing Rule: No Action

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 RCC100 11/18

Addendum Compliant Item 5: The dishwasher bottom was not put in right i could not close the door to use it.it was so far to one side the door didnt close . I can now close it after shifting it to one side but it is still not in straight. Investigator’s Observation: At this jobsite investigation the complainant demonstrated that the dishwasher door comes in contact with an exterior door casing. See P (16). The respondent stated that the dishwasher was not removed during the flooring installation and the flooring goes just under the toe kick plate at the bottom of the dishwasher. I am able to verify the dishwasher is not secured properly and there is movement of the appliance when opening the door. The complainant acknowledged shifting the dishwasher after the respondent completed the project. Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

Addendum Compliant Item 6: They laid a white couch on a floor with install dirt all over it, the couch needs professional cleaning now. Investigator’s Observation: At this jobsite investigation the complainant showed me a white couch in the office. Upon swatting the couch with my hand I did not observe any dust coming from the couch. There is insufficient evidence to substantiate this compliant item. Governing Rule: No Action

Addendum Compliant Item 7: They used the artificial grass in my front yard for their tent area and sawing. Investigator’s Observation: At this jobsite investigation the complainant showed me the area in the front yard where the respondent set up a temporary work area using a pop up shade tent. The respondent stated that there were no stakes used to anchor the shade tent. Upon observing the area I did not observe any damage to the artificial turf. See P (21). Governing Rule: No Action

Addendum Compliant Item 8: Also unhooked the front hose on a power wheel system and cut the main line. Investigator’s Observation: At this jobsite investigation the complainant acknowledged that a new main line to the hose reel system from the hose bib has been installed by the complainant. See P (22). Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

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 RCC100 11/18

Addendum Compliant Item 9: When grinding the floor in the master proper ventilation was not used. My home smoke alarm went off the dust was so bad. The dust covered all the clothes in the closet and went through the air conditioning system. This put cement dust all over the house, it also made me and my 2 adult kids and cats have breathing and sinus problems for weeks, I need to have the air ducts cleaned out. I just paid to have that done less than a year ago. Investigator’s Observation: At this jobsite investigation the complainant opened the return air vent in the hallway where I observed a return air filter coated with what appeared to be cat hair. The respondent did acknowledge the smoke alarm went off when grinding the floor after installing leveling mortar. Using my finger I was unable to determine if the dust observed on the intake ducting is concrete dust of normal household dust. To date there has been no documentation provided by the complainant as to when the air ducts where last cleaned. There is insufficient evidence to substantiate this compliant item. Governing Rule: No Action

Addendum Compliant Item 10: Concrete dust should not be breathed in according to OSHA. Investigator’s Observation: This is a statement made by the complainant that does not imply poor workmanship. Governing Rule: No Action

Addendum Compliant Item 11: I contacted the flooring manufacture yestueday. The specifications say it can not be installed over existing glue down vinyl plank / it is exactly what was done according to Keith Jacobson this would save me money and the installer would insure if this has ok to do. He said if it was not ok the installer would have to pull it up and charge me more. Keith uses this same manufacturer all the time he should have known it was not acceptable install by th manufacturer. Investigator’s Observation: At this jobsite investigation the respondent acknowledged some of the LVP flooring was installed on top of an existing 1/2” vinyl plank flooring. On August 9, 2024 I received an email from the manufacturer of the flooring Republic stating that the subfloor needs to meet the requirements of clean, dry, flat and level and the vinyl plank floor should be removed to ensure a quality installation. The respondent shall comply with the manufacturers installation specifications and correct the floors that are installed on top of the existing vinyl plank flooring by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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 RCC100 11/18

Complainant: Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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: Diamondback Flooring LLC 4220 W Magdalena Lane Laveen, AZ 85339

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

License No. ROC 311107

Re:Complaint No. 2024-06919

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 September 4, 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.

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 Notes Continued: 3: At this jobsite investigation the respondent acknowledged the LVP flooring was installed on top of an existing 1/2” vinyl plank flooring. On August 9, 2024 I received an email from the manufacturer of the flooring Republic stating that the subfloor needs to meet the requirements of clean, dry, flat and level and the vinyl plank floor should be removed to ensure a quality installation.

4: This compliant is related to ROC complaint 2024-07195.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Compliant Item 3: floors that are uneven in multiple places in the house. example the dining room floor has a raised area in the center of the room its so bad it makes the trim work that is against the kitchen cabinets is so unlevel you can see it from across the room its so bad. In the kitchen it slopes down to the back door. Investigator’s Observation: At this jobsite investigation I observed and am able to verify there are multiple places in the kitchen and dining room that are uneven and wavy. In the bedrooms I am able to verify the floors are level. See P (17) thru P (20). At 1 location near the back door in the dining room I observed as much as a ¾” variance from level over 4’. See P (3) thru P (9). Per ROC Workmanship Standards floors should not vary from flat more than 1/4" over a 10' area provided the deviation is gradual. Deviations, dips, or sags over short distances and easily visible to the eye may be considered unacceptable. On August 9, 2024 I received an email from the manufacturer of the flooring Republic stating that the subfloor needs to meet the requirements of clean, dry, flat and level and the vinyl plank floor should be removed to ensure a quality installation. The respondent accepted the surface, shall comply with the manufacturers installation specifications and correct the floors that are uneven in multiple places by appropriate means. Governing Rule: ARS §32-1154 (A) (2) (A) Departure from or disregard of plans or specifications, ARS §32-1154 (A) (3) namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Compliant Item 4: 2 of my doors dont close right because the trim was cut to long and pushes the door frame. Investigator’s Observation: At this jobsite investigation the complainant showed me where the doors to a bedroom and bathroom do not close and hit the door jambs. The complainant explained that the respondent cut the baseboards too long and forced the door casing and jamb to come in contact with the door. Upon further observation I did not see any evidence of movement as the casing joint to the drywall is caulked and sealed. There is no indication that the door jambs at both locations has moved. See P (10 thru P (15). There is insufficient evidence to substantiate that the doors that don’t close right is the result of the respondent’s poor workmanship. Governing Rule: No Action

Addendum Compliant Item 7: They used the artificial grass in my front yard for their tent area and sawing. Investigator’s Observation: At this jobsite investigation the complainant showed me the area in the front year where the respondent set up a temporary work area using a pop up shade tent. The respondent stated that there were no stakes used to anchor the shade tent. Upon observing the area I did not observe any damage to the artificial turf. See P (21). Governing Rule: No Action

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Addendum Compliant Item 8: Also unhooked the front hose on a power wheel system and cut the main line. Investigator’s Observation: At this jobsite investigation the complainant acknowledged that a new main line to the hose reel system from the hose bib has been installed by the complainant. See P (22). Governing Rule: No Action, ARS §32-1155 (D) (2) (Modification)

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

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Carol Ohlund, Case No. 2024-06919 COMPLAINANT, v. Diamondback Flooring LLC CITATION License No. ROC 311107, RESPONDENT.

The Registrar issues this Citation to Diamondback Flooring LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 25, 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 17, 2024, Carol Ohlund (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(2)(a) Departure from or disregard of: (a) Plans or specifications in any material respect that is prejudicial to another without consent of the owner or the owner's duly

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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 authorized representative and without the consent of the person entitled to have the particular construction project or operation completed in accordance with such plans and specifications and code.

Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :3 A.R.S. § 32-1154(A)(9)(a) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person. Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :5 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).

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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 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. 2024-06919. 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 September 25, 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,

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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 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 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 prior 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. Dated September 10, 2024. By: /s/ Shaquira Adebule Shaquira Adebule Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 10, 2024 to: Respondent Certified Mail No: [number redacted] Diamondback Flooring LLC 4220 W Magdalena Ln Laveen, AZ 85339

Copy mailed by USPS First Class mail this same date to: Respondent Diamondback Flooring LLC 4220 W Magdalena Ln Laveen, AZ 85339

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Complainant Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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. 2024-06919 /

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

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

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

3045 E. Dahlia Dr. phoenix Arizona 85032 Phone Number Email

(602) 620-0928 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Diamondback Flooring LLC ROC 311107 Street Address City State Zip

4220 W Magdalena Ln Laveen AZ 85339 Phone Number Email

602-448-2899 [email redacted] Name of Person(s) Representing License

keith Jacobson Contract/Project Information Contract Date Contract Amount Amount Paid

May 9, 2024 $10,423.11 $6,000.00 Date Work Started Date Work Stopped Date Work Was Completed

June 3, 2024 June 4, 2024 June 4, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

3045 E. Dahlia dr phoenix AZ 85032 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 Abandonment;Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Both All change orders were N/A 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)

Diamondback flooring used a contractor to install that has a suspended license , up charged 900 2 days latter, did not send a licensed contractor back to complete repairs. has not responded to my request for work to be completed correctly by a ROC contractor in good standing. suspended company is Arizona flooring designs/ Luis memdez Mesa AZ Allegations Listed on Complaint:

diamondback flooring used a contractor for the labor who has a suspended license .for no qualifying party.

He also sent a bill to up charge 900 2 days after the job when i had several complaints about the work not being good.

Keith Richardson misrepresented the installer as a sub contractor under his ROC license. This is not allowed in AZ

When questioned about the installer he then lied and said they were 1099 employees.

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

Carol Ohlund \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 6/20/24, 8:57 AM State of Arizona Mail - Re: 2024-06919 Additional Information

David Fagerburg <[email redacted]>

Re: 2024-06919 Additional Information message

Carol Ohlund <[email redacted]> Thu, Jun 20, 2024 at 8:10 AM Reply-To: Carol Ohlund <[email redacted]> To: David Fagerburg <[email redacted]>

The bad install includes. 1 boards chat click when you step on them 2 hollow sounding in the entire hallway. 3. floors that are uneven in multiple places in the house. example the dining room floor has a raised area in the center of the room its so bad it makes the trim work that is against the kitchen cabinets is so unlevel you can see it from across the room its so bad. In the kitchen it slopes down to the back door. 2 of my doors dont close right because the trim was cut to long and pushes the door frame. The dishwasher bottom was not put in right i could not close the door to use it.it was so far to one side the door didnt close . I can now close it after shifting it to one side but it is still not in straight. They laid a white couch on a floor with install dirt all over it, the couch needs professional cleaning now. They used the artificial grass in my front yard for their tent area and sawing. Also unhooked the front hose on a power wheel system and cut the main line. When grinding the floor in the master proper ventilation was not used. My home smoke alarm went off the dust was so bad. The dust covered all the clothes in the closet and went through the air conditioning system. This put cement dust all over the house, it also made me and my 2 adult kids and cats have breathing and sinus problems for weeks, I need to have the air ducts cleaned out. I just paid to have that done less than a year ago. Concrete dust should not be breathed in according to OSHA. I contacted the flooring manufacture yestueday. The specifications say it can not be installed over existing glue down vinyl plank / it is exactly what was done according to Keith Jacobson this would save me money and the installer would insure if this has ok to do. He said if it was not ok the installer would have to pull it up and charge me more. Keith uses this same manufacturer all the time he should have known it was not acceptable install by th manufacturer.

On Tuesday, June 18, 2024 at 03:54:19 PM MST, David Fagerburg <[email redacted]> wrote:

Carol,

I received your voicemail while I was on another call. Please provide more detail to what is described on your complaint form as "the work not being good". The ROC does not perform all inclusive investigations regarding poor workmanship and I can only address the poor workmanship provided. The items related to a suspended license and 1099 employees will be part of my jobsite investigation scheduled for July 25, 2024 at 11:30 am.

Respectfully,

David Fagerburg Investigator #210 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 762-8095 E-mail [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 1/1 Diamondback Flooring LLC Invoice 4220 W. Magdalena Ln. Laveen, AZ 85339 US (602)448-2899 [email redacted] http://www.diamondbackflooring.com

BILL TO SHIP TO Carol Ohlund Carol Ohlund 3045 E Dahlia Dr 3045 E Dahlia Dr Phoenix 85032 Phoenix 85032

INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED 1496 05/06/2024 $5,253.88 05/06/2024 Due on receipt

ACTIVITY QTY RATE AMOUNT

LVP 1 4,885.00 4,885.00T Northern Forest: Spanish Good, 9x72. For entire home excluding bathrooms and sunken room. Includes all moldings and moisture barrier where needed Labor 1 3,978.00 3,978.00 Remove/ haul away existing vinyl in one room and carpet in two bedrooms. Install new flooring and one stair. Includes R&R furniture and appliances. Labor 1 1,340.00 1,340.00 Baseboards-#620 4 1/4" for entire home. Labor 1 -200.00 -200.00 Cash discount Labor 1 900.00 900.00 Floor Prep. Includes product, labor and grinding Labor 1 -69.23 -69.23 Credit one bag of self leveler and labor *If at time of installation it is determined that the sub floor needs to be replaced SUBTOTAL 10,833.77 or repaired (grinding and/or leveling), additional charges will be applied. Factors such as layers of flooring material and other unknowns exposed after TAX (8.6%) 420.11 flooring materials are removed additional charges will be applied. TOTAL 11,253.88 Returns must be made within 30 days from date of invoice, and be in its DEPOSIT 6,000.00 original unopened package. All returns are subject to a minimum 25% BALANCE DUE restocking fee. Not all flooring is eligible for return. Shipping costs may be $5,253.88 charged on returned material.*Special Orders are NOT returnable. ALL CREDIT CARD PAYMENTS WILL INCUR A 3% MERCHANT FEE. BALANCE DUE UPON COMPLETION. We appreciate your business. ROC #311107 Diamondback Flooring LLC Invoice 4220 W. Magdalena Ln. Laveen, AZ 85339 US (602)448-2899 [email redacted] http://www.diamondbackflooring.com

BILL TO SHIP TO Carol Ohlund Carol Ohlund 3045 E Dahlia Dr 3045 E Dahlia Dr Phoenix 85032 Phoenix 85032

INVOICE # DATE TOTAL DUE DUE DATE TERMS ENCLOSED 1496 05/06/2024 $4,423.11 05/06/2024 Due on receipt

ACTIVITY QTY RATE AMOUNT

LVP 1 4,885.00 4,885.00T Northern Forest: Spanish Good, 9x72. For entire home excluding bathrooms and sunken room. Includes all moldings and moisture barrier where needed Labor 1 3,978.00 3,978.00T Remove/ haul away existing vinyl in one room and carpet in two bedrooms. Install new flooring and one stair. Includes R&R furniture and appliances. Labor 1 1,340.00 1,340.00T Baseboards-#620 4 1/4" for entire home. Labor 1 -200.00 -200.00T Cash discount *If at time of installation it is determined that the sub floor needs to be replaced SUBTOTAL 10,003.00 or repaired (grinding and/or leveling), additional charges will be applied. Factors such as layers of flooring material and other unknowns exposed after TAX (8.6%) 420.11 flooring materials are removed additional charges will be applied. TOTAL 10,423.11 Returns must be made within 30 days from date of invoice, and be in its DEPOSIT 6,000.00 original unopened package. All returns are subject to a minimum 25% BALANCE DUE restocking fee. Not all flooring is eligible for return. Shipping costs may be $4,423.11 charged on returned material.*Special Orders are NOT returnable. ALL CREDIT CARD PAYMENTS WILL INCUR A 3% MERCHANT FEE. BALANCE DUE UPON COMPLETION. We appreciate your business. ROC #311107 8/9/24, 4:12 PM State of Arizona Mail - Flooring Product From C

David Fagerburg <[email redacted]>

Flooring Product From C message

David Fagerburg <[email redacted]> Fri, Aug 9, 2024 at 4:08 PM To: [email redacted]

-[number redacted].jpg 128K

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-a:r681158152110477498%7Cmsg-a:r8210258216712442754… 1/1 8/9/24, 4:12 PM State of Arizona Mail - Manufacturer From C

David Fagerburg <[email redacted]>

Manufacturer From C message

David Fagerburg <[email redacted]> Fri, Aug 9, 2024 at 4:09 PM To: [email redacted]

-[number redacted].jpg 118K

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-a:r4092322101275802060%7Cmsg-a:r-[number redacted]… 1/1 Search...

Home Pure SPC SPC MAX Designer Pro WoodMax More About Contact Us

Installation Product Inspections Inspection of all flooring material for defects must be done before installation. Materials with visible defects are not covered under warranties once they are installed our laminate floors are manufactured in accordance with accepted industry standards, which permit defect tolerance not to exceed 2%.

Sub-Floor Preparation Sub-Floor must be flat, dry, smooth, level and free from residues and structurally sound. A level slope is a foundation that is less from 5mm over 2 meters or ¼” over 6 feet. Documents must be kept for all test results for warranty purpose. You may install Republic Flooring over existing resilient floor coverings, wood flooring and ceramic tile (grout joints must be leveled). Appropriate laminate underlayment must be used when installing over all hard surfaces. European Urbanica collection Acclimation / General Conditions The floor should be acclimated in the rooms in which it will be installed by letting the packages of flooring lie flat on the floor for at least 48 hours prior to installation. Acclimation of the floors can be done by leaving it inside the box. Acclimation of the floor must be done in the room where the flooring will be installed and where the temperature and humidity are maintained at or near normal living conditions. The storage area must be climate controlled with a temperature range between 65°F and 90°F (18°C and 32°C) and a relative humidity not exceeding 65%.

Preparing The Room Check that the doors can still open and close after the floor and the underlayment have been installed. Underlayment should be 2mm thicker, preferably one that has a moisture barrier film on one side and sound barrier on the other. Latest news For the concrete, let the underlayment moisture barrier run up the perimeter of each wall 4” and trim after the floors are installed.

Radiant Floor Heating Republic Flooring can be installed over a multiple of in-floor heating. It can be cast in a concrete floor or thin layer of filler on the surface of concrete sub-floor. It can be installed under a wood sub floor or installed on the surface of the sub floor as electrical matting. Follow the instructions from the supplier of the floor heating system. Temperature of the sub floor or the heat radiating from electric heating mats should not exceed 84 degrees Fahrenheit (29 degree Celsius).

Republic Flooring Installation Guidelines Expansion space should be left around the perimeter. Typically expansion is 5/16". You can install Republic Laminate Flooring on grade, below or above. Republic Laminate Flooring requires 5/16” expansion for every 20 feet in length or width. A Triple moisture protection T-Molding is required for greater than 45 feet in length or width. A 5/16” expansion space must be for undercut jambs and casing. Start in a corner and lay first row with tongue sides toward walls. Proper expansion space can be achieved by pulling floor away from wall once first three rows have been installed. Hold next board against the first board at approximately 45 degree angle and lay flat on floor. Continue in this manner for the entire first row. Cut end board in first row to correct length and start second row with left over piece (if possible). End joints must by staggered by at least 8” for a natural random appearance. Butt seam must be placed in each row regardless of width. Hold boards approximately 45 degree angles to board in front. Press forward to engage joint and lay flat on floor. When three rows have been laid, pull floor away from starting wall unit there is proper amount of expansion space. Place shims between floor and wall to maintain this space. You can proceed until the entire floor is finished.Trim the underlayment before installing quarter round or wall base.

Republic Floor Corporate Office Republic Floor Antioch Republic Floor Houston 7227 Telegraph Rd, Montebello, CA 90640 1700 West 4th Street, Antioch, CA 94509 3600 Brittmoore Rd. Ste #100, Houston, TX 77043 Download TMP Catalogue [email redacted] (323) 201-4200 [email redacted] (510) 606-1280 [email redacted] (713) 595-4243

Republic Floor Phoenix Republic Floor Salt Lake City Republic Floor Miami 640 N 43rd Ave, Phoenix, AZ 85009 1840 S 4650 W, Salt Lake City, UT 84104 1350 NW 74th St, Miami, FL 33147 [email redacted] (602) 960-9971 [email redacted] (801) 262-2900 [email redacted] (786) 885-1750

Home Pure SPC SPC MAX Designer Pro WoodMax More About Contact Us 8/9/24, 4:50 PM State of Arizona Mail - Re: [republic-flooring] Contact 2 - new submission

David Fagerburg <[email redacted]>

Re: [republic-flooring] Contact 2 - new submission message

Alicia Gonzalez <[email redacted]> Fri, Aug 9, 2024 at 4:39 PM To: David Fagerburg <[email redacted]>

Hi David, Thank you for your inquiry. The subfloor needs to meet the requirements of clean, dry, flat, and level. A vinyl floor should be removed to ensure a quality installation

On Fri, Aug 9, 2024 at 4:31 PM David Fagerburg <[email redacted]> wrote:

David Fagerburg just submitted your form: Contact 2 on republic-flooring

Message Details: Name: David Fagerburg Email: [email redacted] Subject: LVP Over Vinyl Plank Message: As the manufacturer of LVP Waterproof Flooring, Color RENF8080 Spanish Gold, Lot # 23061504. Can this flooring be installed over existing Vinyl Plank. Please let me know. Thank you,

If you think this submission is spam, report it as spam.

To edit your email settings, go to your Inbox on desktop.

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 1/2 8/9/24, 4:50 PM State of Arizona Mail - Re: [republic-flooring] Contact 2 - new submission --

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

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-f:[number redacted]%7Cmsg-f:[number redacted]&… 2/2 Pure SPC/SPC MAX Flooring Warranty & Care Instructions

GENERAL INFORMATION

Product Inspections

Inspection of all flooring materials must be done before installation. Materials with visible defects are not covered under warranties once they are installed. Our Pure SPC floors are manufactured in accordance with accepted industry standards, which permit defect tolerance not to exceed 2%.

Sub-Floor Preparation

Sub-floor must be flat, dry, smooth, level and free from residues and structurally sound. A level slope is a foundation that is less from 5mm over 2 meters or ¼” over 6 feet.

Concrete subfloor must have moisture testing and a layer of Visqueen type (6mil semi clear plastic sheeting) moisture barrier laid prior to flooring installation. Documents must be kept of all test results for warranty purposes.

Flooring may be installed over existing floor if existing floor meets criteria of flat, smooth, dry, and level. For ceramic tile, grout lines need to be filled in with leveling material prior to installing flooring.

Preparing the Room

Check that the doors can still open and close after the Pure SPC flooring is installed.

Radiant Floor Heating

Pure SPC floors can be installed over of a multitude of in-floor heating systems, provided that instructions from the supplier of the in-floor heating system are followed. The temperature of the sub-floor or the heat radiating from electric heating mats should not exceed 84 degrees Fahrenheit (29 degrees Celsius) Pure SPC/SPC MAX Flooring Warranty & Care Instructions

Installation Guidelines  Pure SPC flooring must be installed indoors  Pure SPC flooring should not be exposed to temperatures above 140° F (60° C) or below 32° F (0° C)

Expansion space should be left around the perimeter. Typically expansion is equal to the thickness of the product installed. You can install on grade, below grade or above. Republic Floor requires 3/8” expansion for every 20 feet in length or width. A T-molding is required for greater than 40 feet in length or width. A ¼” expansion space must also be for undercut jambs and casing. Start in a corner and lay first row with tongue sides toward walls. Proper expansion space can be achieved by pulling floor away from wall once first three rows have been installed. Hold the next board against the first board at approximately 45 degree angle and lay flat on floor. Continue in this manner for the entire first row. Cut end board in first row to correct length and start second row with left over piece (if possible). End joints must be staggered by at least 8” for a natural random appearance. Butt seam must be placed in each row regardless of width. Hold boards approximately 45 degree angles to board in front. Press forward to engage joint and lay flat on floor. When three rows have been laid, pull floor away from starting wall until there is proper amount of expansion space. Place shims between floor and wall to maintain this space. You can proceed until the entire floor is finished. Install quarter rounds or wall base. Kitchen island and cabinetry installations should be done before flooring is installed with the flooring next to the installed cabinetry/island. Pure SPC/SPC MAX Flooring Warranty & Care Instructions

WARRANTY INFORMATION

Warranty

Pure SPC flooring carries a limited 25 year residential warranty and a limited 10 year commercial warranty for wear to the finish under proper usage and maintenance conditions. Pure SPC flooring is guaranteed to be 100% waterproof but spills should be cleaned in a timely manner to prevent the possibility of mold or mildew growth.

The guarantee applies only to the original purchaser and proof of purchase is required for all claims. The guarantee is for replacement or refund of the Pure SPC material only, not for any labor. Claims for wear must show a minimum dime size area. This guarantee is pro-rated based on the amount of time the Pure SPC floor has been installed. A percentage would be replaced depending on the length of time since the Pure SPC floor was installed. Defect of goods must be proven by inspection procedures deemed proper by the Manufacturer. Warranty is conditioned upon Manufacturers receipt of notice in writing from the buyer of the alleged defect prior to expiration of the warranty period and evidence that the products were properly installed and not subject to any of the exclusions described below.

Exclusions

 Any visible defects noted after installation  The guarantee does not cover chipping (material will chip if sharp objects are dropped on it), or bridging (which is caused by insufficient expansion spacing). We will not consider any claims for these problems.  Consequential or incidental damages, such as any loss, expense or damages other than to the flooring itself that may result from a defect in the flooring  Improper installation including, but not limited to, installation by non-licensed individual(s)  Additional underlayment when pad is attached  Failure to document results of moisture test on concrete subfloor.  Failure to use moisture barrier such as Visqueen on concrete subfloor Pure SPC/SPC MAX Flooring Warranty & Care Instructions Exclusions (continued)

 Improper maintenance or inadequate care, including, but not limited to, mold or mildew growth as a result of excessive moisture accumulation  Use of steam mops or hard bristle vacuums  Accidents, abuse, or misuse  Building settling or uneven sub-floor  Wheelchairs, office chairs, or any heavy mobility equipment  Heavy furniture causing pinch points  High heel shoes with pointed heels  Damages caused by furniture without felt pads or protective covers  Damages caused by sharp objects making contact with the floor  Damage caused by excessive sunlight  Damages caused by liquids/food product stains  Damages caused by urine or other bodily fluids Pure SPC/SPC MAX Flooring Warranty & Care Instructions

MAINTENANCE INFORMATION

 Place natural fiber rugs at entry points to help trap grit and absorb moisture that may damage the finish. This can protect the floors from dirt or wear. Only natural fiber rugs should be used. No rubber rugs or pads.  To prevent abrasive dirt and dust from accumulating and scratching the finish, vacuum, sweep or dust mop your floor once a week or more if needed. The vacuum head should be a brush or felt attachment. Do not use a vacuum with a beater bar head.  We recommend a diluted solution of Simple Green or another gentle cleaner for regular cleaning and removing grease and smudges from your floor.  Do not use harsh abrasive cleaners, bleach, ammonia or vinegar based cleaners, wax or acrylic polishes, or oil soaps. These may dull or damage the finish, leaving a greasy film and making the floor slippery and more difficult to clean.  Protect your floor against direct sunlight or any intense source of artificial lighting. Over time, intense natural and artificial light may discolor the floors.  Do not roll, or drag heavy objects across your floor. Do not wear shoes having heel taps, spikes, cleats, rocks, gravel or sharp objects protruding from the sole.  Add felt pads to all furniture and chair legs to prevent damage to the floor. Replace the felt pads when dirty or worn. For extremely heavy objects, use wide, non staining rubber cups. Protective floor coverings for wheeled office furniture should be used. David Fagerburg #210 2024-06919 JSI Photos

July 26, 2024 - 11:30 AM

3045 E Dahlia Dr Phoenix, AZ 85032

P 1 P 2 P 3 P 4 P 5 P 6 P 7 P 8 P 9 P 10 P 11 P 12 P 13 P 14 P 15 P 16 P 17 P 18 P 19 P 20 P 21 P 22 Katie Hobbs, Governor Martín Quezada, Director

Jobsite Inspection Notes

Case No.: 2024-06919 Investigator: David Fagerburg #210 Inspection Date: July 26, 2024 Inspection Time: 11:30 AM

Complainant: Carol Ohlund, Respondent: Diamondback Homeowner Flooring LLC, Keith Jacobson, Not Present: Owner & QP, Luis D Mendez, Owner & QP Arizona Flooring Designs LLC Not Present:

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 RCC100 11/18

Complainant: Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

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

License No. ROC 311107

Re:Complaint No. 2024-06919

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

4: This compliant is related to ROC complaint 2024-07195.

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

Addendum Compliant Item 7: They used the artificial grass in my front yard for their tent area and sawing. Investigator’s Observation: At this jobsite investigation the complainant showed me the area in the front year where the respondent set up a temporary work area using a pop up shade tent. The respondent stated that there were no stakes used to anchor the shade tent. Upon observing the area I did not observe any damage to the artificial turf. See P (21). Governing Rule: No Action

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

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 September 5, 2024

WARNING LETTER

Re: Complaint No. 2024-06919; License No. ROC 311107

Dear Respondent:

It appears that you may have violated A.R.S. § 32-1158(A). Under that statute, any contract for more than $1,000.00 between a contractor and a property owner must contain nine specific elements. Your contract is missing at least one of the required elements. For your reference, a copy of A.R.S. § 32-1158(A) is included here:

A.R.S. § 32-1158. Minimum elements of a contract A. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information. 1. The name of the contractor and the contractor's business address and license number. 2. The name and mailing address of the owner and the jobsite address or legal description. 3. The date the parties entered into the contract. 4. The estimated date of completion of all work to be performed under the contract. 5. A description of the work to be performed under the contract. 6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A.

The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 The information in this paragraph must be prominently displayed in the contract in ten point bold type, and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative.

This paragraph does not apply to a person who is subject to and complies with section 12-1365.

A failure to comply with A.R.S. § 32-1158(A) violates § 32-1154(A)(12), and that violation can constitute grounds to suspend or revoke your license. You need to review A.R.S. § 32- 1158(A) and make sure you are complying with its requirements.

The Registrar does not presently intend to pursue disciplinary action for the alleged violations. However, this warning letter does not preclude the Registrar from electing to pursue action against your license for these violations in the future.

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013f 04/21 Complainant: Carol Ohlund 3045 E. Dahlia Dr. Phoenix, AZ 85032

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 Respondent: Diamondback Flooring LLC 4220 W Magdalena Lane Laveen, AZ 85339

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 August 13, 2024

WARNING LETTER

Re: Complaint No. 2024-06919; License No. ROC 311107

Dear Respondent:

The Registrar received information indicating that you may be contracting with an unlicensed person named Luis D Mendez ROC 329477 CR-8 Floor Covering suspended December 28, 2020 for lack of qualifying party. Contracting with an unlicensed person is a violation of A.R.S. §§ 32-1154(A)(9) and (13)

A.R.S. § 32-1154(A)(9) states:

Attempting to evade this chapter by:

(a) Aiding or abetting a licensed or unlicensed person.

(b) Acting or conspiring with a licensed or unlicensed person.

(d) Acting as agent, partner, associate or otherwise of a licensed or unlicensed person with intent to evade this chapter.

Moreover, under A.R.S. § 32-1154(A)(13) a licensed contractor may not “[k]knowingly enter[] into a contract with a contractor for work to be performed for which a license is required with a person not duly licensed in the required classification.”

Violations of either A.R.S. § 32-1154(A)(9) or (13), if proved, would constitute grounds to suspend or revoke your license. Additionally, aiding and abetting an unlicensed person is a class 1 misdemeanor. A.R.S. § 32-1164(A)(1).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 If you have any questions, feel free to contact me.

Sincerely,

David Fagerburg, Investigator #210 (602) 771-6735 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007-2812

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013b 04/21 9/24/24, 7:59 AM State of Arizona Mail - Case #2024-06919

Answers - AZROC <[email redacted]>

Case #2024-06919 message

Keith Jacobson <[email redacted]> Mon, Sep 23, 2024 at 2:47 PM To: "[email redacted]" <[email redacted]>

Written Answer to Citation and Complaint

Charge 1 I deny this charge. After meeting with the ROC at the Complainant residence, Diamondback Flooring agreed with the ROC's findings and had scheduled the repair for Sept. 3rd. 2024.

Charge2 I deny this charge. I performed my work in a workmanlike manner, and when possible deficiencies were brought to my attention, I have made it clear I'm willing and ready to do the work to the client's and ROC's satisfaction, but I have been effectively blocked from returning to the property, as the owner insists on (illegally) demanding to see my employees "right to work" documentation. This is not only racist, it is illegal. I have been more than willing to provide my workers compensation insurance, but I will NOT break the law by giving some random homeowner their personal identification information. According to the department of homeland security, this is illegal, and a violation of worker's civil rights.

Charge 3 This was an honest mistake by Diamondback Flooring and myself and I have taken full responsibility for this. I had assumed that all workers, including 1099 labor professionals, were covered under my license. The ROC has since informed me that 1099 labor professionals must be independently licensed, or they must become a W-2 employee instead of 1099 IC's in order to work under my license. This issue has been corrected. I am nonetheless not guilty or liable under this charge, because the charge requires me to know that I am evading regulations by aiding or abetting unlicensed individuals. Like I state, I very honestly and reasonably believed that 1099 labor professionals could work on a contract basis under my license. I was not trying to evade anything, nor was I trying to aid or abet any unlicensed individuals from evading regulations.

Charge 4 This has already been corrected. See other answers herein.

Charge5 I contest this charge because Diamondback Flooring was willing, and still is willing to do the repair, but not willing to break the law by giving the Complainant, the third party, and Personal Identified Information on any worker.

RESPONDENT'S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Diamondback Flooring is requesting an informal settlement conference for the following reasons. -The Complainant has no desire to give Diamondback Flooring access to her residence to do the repair. -The Respondent believes the Complainant does not have the funds to pay the overdue unpaid balance. -The Respondent believes the Complainant had this planned from day one. From paying for product only for the deposit which was more than the required 50% -The Claimant trying to blame the Respondent for more damages that she knew were false, such as doors not closing, dishwasher door not opening properly and damage to her outside hose etc.

https://mail.google.com/mail/b/AEoRXRSGE1ZFqqnop0KyY2ajGtmM8BZnxLsDjhPnFVe4RRqE13n7/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/2 9/24/24, 7:59 AM State of Arizona Mail - Case #2024-06919

Thank you,

Keith Jacobson

Diamondback Flooring Call Today, Our Prices Will Floor You! 602-448-2899 [email redacted] www.diamondbackflooring.com

https://mail.google.com/mail/b/AEoRXRSGE1ZFqqnop0KyY2ajGtmM8BZnxLsDjhPnFVe4RRqE13n7/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 2/2 6/20/24, 8:57 AM State of Arizona Mail - Re: 2024-06919 Additional Information

David Fagerburg <[email redacted]>

Re: 2024-06919 Additional Information message

Carol Ohlund <[email redacted]> Thu, Jun 20, 2024 at 8:10 AM Reply-To: Carol Ohlund <[email redacted]> To: David Fagerburg <[email redacted]>

On Tuesday, June 18, 2024 at 03:54:19 PM MST, David Fagerburg <[email redacted]> wrote:

Carol,

Respectfully,

David Fagerburg Investigator #210 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 762-8095 E-mail [email redacted]

https://mail.google.com/mail/u/0/?ik=6daa306fe6&view=pt&search=all&permthid=thread-a:r-[number redacted]%7Cmsg-f:[number redacted]… 1/1 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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