Ex 1 - Hearing Packet - Resized.pdf

2024A-07049-CHC-ROC · Registrar of Contractors · 2025-01-30

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 Hearing Packet for? Notice of Hearing contains a “CHC” or “NPC”, your case is a 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 to the Registrar? Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

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

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)

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

1185 N. Coulee Place Vail Arizona 85641 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Keith Eugene Michaud ROC 109906 Street Address City State Zip

2817 E Kaibab Vis Tucson AZ 85713 Phone Number Email

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

Ranel Cox Sr. - 4R Development;Jose Concrete Company; Contract/Project Information Contract Date Contract Amount Amount Paid

August 14, 2022 $575,000.00 $575,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 1, 2022 September 22, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

September 21, 2022 September 21, 2022 Jobsite Street Address City State Zip

1185 N. Coulee Place Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Vikki Sarkiewicz 4R Development Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

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

A building permit was obtained by Contractor I dont' have details Vail 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)

Driveway repoured by Samaniego Concrete. Pitting on entire surface, contractor will not repair. Septic leach bed not installed per permit approval. We have attempted to work with Ranel to address this issue but have still not received a resolution. Moving to where permit states will result in lose of functioning backyard. Allegations Listed on Complaint:

Driveway poured by Samaniego. 2 days after we began to notice pitting on entire surface.

Septic leach bed not on our property. Still no resolution.

Asphalt cracking, damage also done concrete installer

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

Victoria Sarkiewicz \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 CONSTRUCTION AUTHORIZATION/DISCHARGE AUTHORIZATION Notice of Intent to Discharge For An On-site Wastewater Treatment Facility Type 4.02 General Permit (Chamber System) Property Address: 1185 N Coulee Pl

Property Owner Information: For Department Use Only Name Four R Property LLC PCDS Activity No.: P22SS00080 Address 10510 E Escalante Rd Permitted Design Flow: Tucson, AZ 85730 600 gallons per day Name and Address of Facility (if different from above): Parcel No: Number of: Bedrooms 4 Fixture Units 19 Manufactured/mobile ■ Site built (SFR)

Characteristics of Wastewater Source(s): T 17S R 16E S 3 ■ Typical sewage from a single family residence

Typical sewage from multiple residences Latitude 31 . 985590 N Sewage source(s) other than residential Longitude 110 . 703968 W

Certification I hereby certify that this Notice of Intent to Discharge and all attachments were prepared under my direction or authorization and all information is, to the best of my knowledge, true, accurate and complete. *(Please type your full name)

Gerald A Tripp 1/11/22 Name Signature Owner ■ Owner’s Representative Date

The applicant has two years from the approval date of this document to complete construction and submit the applicable verification documents specified in A.A.C. R18-9-A301(D)(f).

CONSTRUCTION AUTHORIZATION Tank Size Required: _____ 1,250 gal. Distribution Boxes: ______ 0.6 Soil Absorption Rate (SAR):______ gal/day/ft2 Absorption Area per Chamber: _____ 28.38 ft2 1,000 ft2 / Design: ______ Effective Absorption Area: Required: ______ 1,021 ft2

Chamber Make/Model: __________________________ 36 Infiltrator Quick 4 High Cap Total Chambers: _______ 18 Chambers per Trench: _______ Trenches: Number _______ 72 Length (ft)______ 5' 10" / (max)______ Depth (ft): (min)______ 10' 5' min Spacing (ft):______

Notes:________________________________________________________________________________________________________ For Department Use Only

Laith Alshami, P.E. Site Review PM 02/03/2022 Approved By Signature Title Approval Date

DISCHARGE AUTHORIZATION Constructed per originally approved plans As-Built Plans: _______ Tank Size Installed: ______ gal. Chamber Make/Model: ________________________ Total Chambers: _______ Trenches: Number: _______ Length (ft):______ Depth (ft): ______ Spacing (ft):______ Chambers per Trench: _______ Effective Absorption Area Installed (ft ): ______

Notes:________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ 1/26/22 Approved By Signature Title Approval Date

(REVISED: 09/2016) Individual Onsite Wastewater Treatment Facility Site Suitability Determination Checklist, Guidelines Pima County Department of Environmental Quality N Stone Ave., Suite 700 Tucson, AZ 85701 Tel: (520) 724-7400

This form must be filled in completely and signed by the applicant, the applicant’s representative who has legal authority to sign for the applicant, or a qualified individual who completed the Site Suitability Determination. Submit original forms, as photocopies will not be accepted.

Site Address / Legal Description:________________________________________________________ 1185 N COULEE PL Date:__________ 1/11/22

Subdivision:_________________________ WHETSTONES SHADOWS II Lot # / Space:_________ Tax ID Number: _______________

Owners Name: __________________________________________ FOUR R PROPERTY LLC Owners Phone Number: ______________________ (520) 808-3517

Person/Company Name Performing Site Evaluation: _______________________________ GABRIEL VELASCO Phone #:_______________ (520) 437-5039

Contractor Name & License #, if applicable:_______________________________________________________ AFFORDABLE SEPTICS

A. Site Plan Information Does the site plan contain the following information in the format required? (Check the items listed below that apply) ____ X 1. Parcel number (Tax ID #), property address, and property size in acres. A.309.B.2.a ____ X 2. Property boundaries and north arrow. A.309.B.2.b ____ X 3. Proposed and existing on-site wastewater treatment facilities, with wastewater pipelines. A.309.B.2.b.i ____ X 4. Dwellings and other buildings, pools, wells, and ponds. A.309.B.2.b.i ____ X 5. Driveways, porches, tennis courts, and other paved or concrete features. A.309.B.2.b.i ____ X 6. Cut banks, retaining walls, or other features that might affect the system. A.309.B.2.b.i ____ X 7. Features less than 200 feet outside property line that constrain location. A309.B.2.b.ii ____ X 8. Topography with contours, original grades, and final grades if surface slope is greater than 5%. A309.B.2.b.iii ____ X 9. Surface limiting conditions, such as the presence of fill material or the 100-year floodplain. A311.C, A310.C.2 ____ X 10. Primary area, reserve area, and all soil testing locations. A309.B.2.b.iv ____ X 11. Site plan is drawn to scale. A.309.B.2.b ____ X 12. Site plan is accurate, as determined by a field inspection. A.301.D ____ X 13. No public sewer with adequate capacity is within 200 feet of property line, or waiver was obtained. PCC 7.21.037.D

B. Setback Requirements Does the proposed location for all parts of the on-site system meet the following setback requirements? A312.C applies to all

(Check the items listed below that apply) ____ X 1. Five feet or more from a driveway or easement. ____ X 2. Ten feet (water main), five feet (domestic line). Engineer’s Seal: ____ X 3. Ten feet or more to structures including decks, porches, etc. ____ X 4. Five feet or more to a swimming pool. ____ X 5. Fifty feet to a wash that drains more than 20 acres. ____ X 6. One hundred feet or more to a well. notes (2)a,b ____ X 7. Five feet or more from property lines. ____ X 8. Fifty feet from property line if no central water source. ____ X 9. One hundred feet to live or intermittent stream. ____ X 10. Two hundred feet to surface water drinking source. ____ X 11. One hundred feet to lake, reservoir, or canal. ____ X 12. One hundred feet to an earth fissure. ____ X 13. Downslopes or cut banks >15%, culverts, and ditches from: septic tank- 10 feet, disposal field if no limiting condition within 12 feet of land surface- 20 feet (50 feet if limiting condition exists).

Last Update 5/17/2016

C. Site Requirements If soil evaluation method other than percolation test is submitted, then A310.E (ASTM) applies ! (Check the items listed below that apply) ____ X 1. Minimum of 2 soil test sites (perc or ASTM) in primary area, 1 in reserve area, and others as necessary. A310.E.1, F.1 ____ X 2. Soil test holes have a minimum depth of 12 feet and meet Minimum Vertical Separation (MVS) requirements. A312.E (4 feet below trench bottom if surfacing of wastewater is the concen, regardless of Soil Absorption Rate [SAR] ) (5 feet below trench bottom for seasonal high water table; SAR 0.20-0.63 for trench/chamber, 0.13-0.42 for beds) (10 feet below trench bottom for seasonal high water table; SAR 0.63-1.20 for trench/chamber, 0.42-0.93 for beds) ____ n/a 3. Perc tests performed at multiple depths, or soil evaluation shows that perc test at one depth is sufficient. A310.F.1.b ____ n/a 4. Perc test holes were properly prepared. A310.F.1.c,d,e,f ____ n/a 5. The perc test holes were properly pre-soaked before testing. A310.F.2.a,b,c,d a. If 12” of water drains from holes in less than 60 minutes, three consecutive times, then OK to perc. b. If 12” takes longer than 59 min., keep at least 9” in hole for 4 hours, then wait 16-24 hours, then OK to perc. ____ n/a 6. Perc tests were properly conducted: fill to 6”, time 1” drop, refill, continue until 3 tests are within 10%. A310.F.3 ____ n/a 7. Soil evaluation for perc test is complete: need soil texture, structure, consistence, and % rock fragments. A310.F.3.f ____ n/a 8. Perc test results for each hole tested are between 1 and 120 minutes, or ASTM provided. A310.D.3.b.vi ____ X 9. ASTM is provided if a subsurface limiting condition exists at less than 12 feet below land surface. A310.D.2, D.3.b ____ X 10. Natural surface slope is less than 15% in primary and reserve areas, or ASTM provided. A310.D.3.b.i ____ X 11. The soil evaluation holes contain less than 35% rock fragments in all soil horizons, or ASTM provided. A310.D.3.b.iii ____ X 12. Soil evaluation holes are dry, with no evidence of groundwater or soil mottling, or ASTM provided. A310.D.3.b.iv & v

D. Design Requirements (Check the items listed below that apply) ____ X 1. The design flow is accurately described using the A314.A.4 Table and the Unit Daily Design Flows Table, and the deisgn flow includes all sewage sources and characteristics. A309.B.3, A312.B.3, A314.A.4.a ____ X 2. All setbacks have been met after system location has been determined, or A312.G request submitted. A312.C & notes ____ X 3. The correct soil absorption rate (SAR) has been calculated using the most conservative result of all testing regardless of method, or additional justification provided. A312.D.1 ____ X 4. Minimum Vertical Separation (MVS) requirements have been met from subsurface limiting conditions. A312.E.1, E.3.c ____ X 5. All SURFACE limiting conditions have been disclosed and addressed. A311.C, A310.C.2, A312.G ____ X 6. The reserve area is equal in size to the primary area and cannot be divided, constructed on, or improved. A312.D.4 ____ X 7. The septic tank is sized according to the A314.A.4 Table, or 2.1 times the design flow if not an SFR. A314.A.4.a & b ____ X 8. A list of materials for constructing the system has been provided. A309.B.4 ____ X 9. The AGGREGATE TRENCH or CHAMBER leach lines have been properly designed. E302.C.1, C.2, C.4 a. Trenches parallel contours, pipes/chambers are level, bottoms of trenches are level b. Minimum backfill over pipes/chambers is 9”, maximum is 24” unless SDR 35 used or chamber specs allow c. Trenches are not paved over, and A312.G request is submitted if any other part of system will be paved over d. Spacing of trench sidewalls is 2 times the depth of gravel below pipe or 5 feet, whichever is greater e. Maximum trench length is 100 feet f. Aggregate trench only: 1. Sidewall area included in design calculations (any sidewall between 12” and 48” below pipes) 2. Bottom area included in design calculations ( between 12” and 36” wide), unless crushed concrete used 3. Maximum absorption area is 11 square feet per linear foot 4. 2” aggregate cover over pipes and geotextile fabric specified g. Chambers only: 1. Absorption area per chamber determined by: A=(1.8 x B x L) + (2 x V x L) 2. Sidewall of chamber provides at least 35% open area, and no geotextile fabric used

NOTE: Each listed item should be checked (√), at the time it is reviewed by the applicant, for conformance to the proposed site. Space is provided on the reverse side of the checklist pages for making specific comments regarding the listed items. If specific comments about an item will be made, please mark that item above with an arrow (→) rather than a check mark (√).

Engineer’s Seal

I certify by signing below that, to the best of my knowledge, the above information is accurate and true.

____________________________________________________ Date:_____________ 1/11/22

Signature of Owner or Owners Representative 1/26/22

Last Update 5/17/2016

P22SS00080 Septic Permit Approved 02/03/2022 P22SS00080 Septic Permit Approved 02/03/2022 Concrete for the driveway needed repairs due to poor workmanship. Driveway was repoured by Samaniego Concrete, who was hired by 4R Development, on 12/5/2023. General Contractor was Michaud Construction. Within 2 days of driveway being poured we noticed pitting on entire surface. We notified Jose Samaniego Concrete. Jose looked at it and stated he would check with Ranel for the next steps and get back to us. Concrete has steadily worsened and even after contacting 4 R Development and Samaniego multiple times, they are unwilling to repair the driveway.

The septic leach bed was not installed where the permit approval states it should have been. We have attempted to work with Ranel and lawyers to address this issue but have still not received a resolution. The other houses on our street also had property line issues like ours. Some have been addressed by Ranel, but ours is not resolved.

The issue with our property is the leach lines and our back wall are not on our property. That property is owned by an out of state developer and will not sell Mr. Ranel the little piece of land our back wall and septic are on. He is requiring Mr. Ranel to purchase all 30+ acres behind us, which Ranel has not been able to do yet. It is important to note that the home and septic was installed even before we looked at the house. This is not a custom-built home; it was a new build.

This picture shows where the lines currently are, in Red. It also shows where the permit says it was supposed to go, in Pink. The white line is approximately where my property line is located.

If Ranel must move the lines and wall so they are on our property it means the septic lines will be in the middle of our backyard, rendering the backyard useless. We would also lose approx. 40ft of our backyard since the walls would have to be moved as well. We have been more than generous waiting for Ranel to complete the purchase of the land, so we did not lose the complete function of our backyard, but we can no longer wait. www.pima.gov

Septic Permit P22SS00080

Applicant Name: Gerald Tripp Site Address: 1185 N COULEE PL Legal: WHETSTONES SHADOWS II SQ20210200128 LOT 29 TaxCode: Owner Name: FOUR R DEVEOPMENT LLC Owner Address: 10510 E ESCALANTE RD TUCSON AZ Issued Date: 02/03/2022 Expiration Date: 02/04/2024

Description: Conventional Septic

This Construction Authorization becomes null and void if the Discharge Authorization is not issued within years. Permit holder shall adhere to all approved construction plans/documents.

SPECIAL PERMIT CONDITIONS

Please note that the validity of this permit is contingent on the following conditions:

1: Septic shall have 100 ft setback to wells, 5 ft setback from property line, 50 ft setback from property line if no central water source, and 50 ft setback to washes that drains more than 20 acres. 2: Approval has been granted solely for a Construction Authorization and/or a Discharge Authorization in accordance with A.A.C. § R18-9-A301. Construction or discharging without local regulatory approval from Development Services in regard to zoning, grading, flood control and other applicable regulatory requirements may result in a violation of local ordinances and subject the applicant to penalties of up to $10,000.00 per instance per day. 3: Discharge authorization is required prior to building final inspection or certificate of occupancy.

NOTE: Permit & approved plans/document must be posted at job site! For onsite field inspections call (520) 724-6970 to schedule inspection(s). Inspection results may be verified at: permits.pima.gov

Public Works Building · 201 N. Stone Ave · Tucson, AZ · 85701-1207 · 520.724.9900 · [email redacted] www.pima.gov

Please consult “Inspection requirements” posted at www.pima.gov/developmentservices for detailed instructions, including re-inspection fees, prior to calling in for inspection.

REQUIRED INSPECTION(S)

Item: 3060 Septic Site Inspection

Public Works Building · 201 N. Stone Ave · Tucson, AZ · 85701-1207 · 520.724.9900 · [email redacted] 6/20/24, 2:22 PM Bank of America | Online Banking | Deposit | Print Transaction Details

Adv Relationship Banking - : Account Activity

Transaction details

Posting date Dec 6, 2023

Description Check

Type Check

Status Cleared

Check # 338

Amount -$900.00

Description Check

Merchant name Check

Transaction category Cash, Checks & Misc: Checks

https://secure.bankofamerica.com/deposit-details/print/?adx=b620cd9f3be256678afa269f3a60aa1a16aca1f418913ceeee7a14bde5b2391c 1/2 6/20/24, 2:22 PM Bank of America | Online Banking | Deposit | Print Transaction Details

https://secure.bankofamerica.com/deposit-details/print/?adx=b620cd9f3be256678afa269f3a60aa1a16aca1f418913ceeee7a14bde5b2391c 2/2 Complainant: Victoria Sarkiewicz 1185 N. Coulee Place Vail, AZ 85641

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: Keith Eugene Michaud DBA: Michaud Construction 2817 E Kaibab Vis Tucson, AZ 85713

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 25, 2024

Re: Complaint No. 2024-07049

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Monday, August 26, 2024 at 12:00 PM. 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,

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

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

Case No.: 2024-07049 Investigator: Mike Springer Inspection Date: Wednesday, September 18, 2024 Inspection Time: 12:00 PM

Jobsite Address: 1185 N. Coulee Place Vail, AZ 85641

Complainant: Victoria Sarkiewicz Respondent: Keith Eugene Not Present: Michaud Not Present:

Jobsite General Notes: Photos were taken to document items. The complainant/Respondent and I addressed each item of the complaint. JSI audio recorded.

Complaint Item: 1 - Driveway poured by Samaniego. 2 days after we began to notice pitting on entire surface. Investigator’s Observation: Driveway has widespread spalling over most areas. Unaffected areas are at the sections just before the garage doors. Minimal spalling at sidewalks, these are acceptable. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 5 - Water, dust and air come in 5 of our windows and one sliding door. Investigator’s Observation: Videos from Complainant show excessive water filling the tracks of 4 windows when raining. Two front windows are out of square by 1/8". Pella window website states 1/8" exceeds guidelines. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 7 - Roof coating blistering on most of the roof. Investigator’s Observation: Coating is not blistering but there are ridges in the underlayment which indicate the underlayment is not laying flat on the substrate leaving a void in between. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 8 - At the edges of the roof/parapet wall the coating is not all the way up Investigator’s Observation: Several areas where roof coating does not go up to flashing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 9 - Stucco is already cracking/crumbling in multiple areas. Investigator’s Observation: Stucco is crumbling around flashing at corners of parapets. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 2 - Septic leach bed not on our property. Still no resolution. Investigator’s Observation: Leach field appears to be on neighboring lot. The ROC does not regulate property disputes. This would be a civil matter to be handled by the two property owners. Governing Rule: Not Applicable

Complaint Item: 3 - Asphalt cracking, damage also done concrete installer Investigator’s Observation: Complainant states concrete truck cracked asphalt, while possible I cannot verify this was the cause. Governing Rule: Not Applicable

Complaint Item: 4 - Property floods from surrounding properties when it rains. Investigator’s Observation: Complainants lot is located at the bottom of a hill in a cul-de-sac. Water comes from surrounding lots onto Complainant's property. This is not a direct result of of workmanship on Complainant's home. Governing Rule: Not Applicable

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

Complaint Item: 6 - Pooling on roof damaged drywall underneath. Investigator’s Observation: Ponding evidence can be seen under the A/C unit as dirt is collecting here. Complainant states it lasts 72 hours. Standards allow 48 hours of ponding, I cannot verify the time it remains. Governing Rule: Not Applicable

Complaint Item: 10 - of our counter tops. Most were there when we moved in, and one was created when the painters put a ladder on our counter Investigator’s Observation: ROC Standards state "Scratches in marble should be reported to the contractor within 10 days after move-in." Home has been occupied almost 2 years. In a previous complaint (2023-08394) Investigator Houston verified two areas on the side of the island. The cracks in this new complaint are on top of the island and would need to be reported in the 10 day timeframe. Additionally, I cannot verify if the painter damaged the island or if the scratch or crack was existing. Governing Rule: Not Applicable

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Complaint # 2024- 07049 P 1 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Spalling on most of driveway. Complaint # 2024- 07049 P 2 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 3 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 4 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 5 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 6 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 7 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 8 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 9 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Cracked asphalt. Complaint # 2024- 07049 P 10 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

C states water fills window tracks. Complaint # 2024- 07049 P 11 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 12 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

C States window tracks fill with water Complaint # 2024- 07049 P 13 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

C States window tracks fill with water Complaint # 2024- 07049 P 14 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 15 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 16 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 17 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 18 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 19 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Front window out of square 1/8” and leaks. Complaint # 2024- 07049 P 20 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 21 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Caulking cracks Complaint # 2024- 07049 P 22 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 23 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Front window out of square 1/8” Complaint # 2024- 07049 P 24 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Cracked drywall under A/C unit. Complaint # 2024- 07049 P 25 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 26 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 27 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 28 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 29 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 30 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Spalling sidewalk. Complaint # 2024- 07049 P 31 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complaint # 2024- 07049 P 32 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Ponding under A/C unit. Complaint # 2024- 07049 P 33 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Main roof bubbled ridge. Complaint # 2024- 07049 P 34 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Bubbled ridge on roof main roof section Complaint # 2024- 07049 P 35 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Gaps in flashing main roof section Complaint # 2024- 07049 P 36 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Gaps in flashing main roof section Complaint # 2024- 07049 P 37 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Bubbled ridge on main roof. Complaint # 2024- 07049 P 38 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS

Gaps in flashing Complaint # 2024- 07049 P 39 JSI address: 1185 N. Coulee Place Date: 9-18-24 JSI PHOTOS Complainant: Victoria Sarkiewicz 1185 N. Coulee Place Vail, AZ 85641

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: Keith Eugene Michaud DBA: Michaud Construction 2817 E Kaibab Vis Tucson, AZ 85713

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 September 20, 2024

License No. ROC 109906

Re:Complaint No. 2024-07049

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 October 8th, 2024.

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

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

Complaint Item: 1 - Driveway poured by Samaniego. 2 days after we began to notice pitting on entire surface. Investigator’s Observation: Driveway has widespread spalling over most areas. Unaffected areas are at the sections just before the garage doors. Minimal spalling at sidewalks, these are acceptable. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 5 - Water, dust and air come in 5 of our windows and one sliding door. Investigator’s Observation: Videos from Complainant show excessive water filling the tracks of 4 windows when raining. Two front windows are out of square by 1/8". Pella window website states 1/8" exceeds guidelines.

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 7 - Roof coating blistering on most of the roof. Investigator’s Observation: Coating is not blistering but there are ridges in the underlayment which indicate the underlayment is not laying flat on the substrate leaving a void in between. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 8 - At the edges of the roof/parapet wall the coating is not all the way up Investigator’s Observation: Several areas where roof coating does not go up to flashing. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 9 - Stucco is already cracking/crumbling in multiple areas. Investigator’s Observation: Stucco is crumbling around flashing at corners of parapets. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

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

Complaint Item: 2 - Septic leach bed not on our property. Still no resolution. Investigator’s Observation: Leach field appears to be on neighboring lot. The ROC does not regulate property disputes. This would be a civil matter to be handled by the two property owners. Governing Rule: Not Applicable

Complaint Item: 3 - Asphalt cracking, damage also done concrete installer Investigator’s Observation: Complainant states concrete truck cracked asphalt, while possible I cannot verify this was the cause. Governing Rule: Not Applicable

Complaint Item: 4 - Property floods from surrounding properties when it rains. Investigator’s Observation: Complainants lot is located at the bottom of a hill in a cul-de- sac. Water comes from surrounding lots onto Complainant's property. This is not a direct result of of workmanship on Complainant's home. Governing Rule: Not Applicable

Complaint Item: 6 - Pooling on roof damaged drywall underneath. Investigator’s Observation: Ponding evidence can be seen under the A/C unit as dirt is collecting here. Complainant states it lasts 72 hours. Standards allow 48 hours of ponding, I cannot verify the time it remains. Governing Rule: Not Applicable

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: 10 - of our counter tops. Most were there when we moved in, and one was created when the painters put a ladder on our counter Investigator’s Observation: ROC Standards state "Scratches in marble should be reported to the contractor within 10 days after move-in." Home has been occupied almost 2 years. In a previous complaint (2023- 08394) Investigator Houston verified two areas on the side of the island. The cracks in this new complaint are on top of the island and would need to be reported in the 10 day timeframe. Additionally, I cannot verify if the painter damaged the island or if the scratch or crack was existing. Governing Rule: Not Applicable

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

Sincerely,

Mike Springer, Investigator #192 (520) 508-9735 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Sarkiewicz Case No. 2024-07049 COMPLAINANT, v. Keith Eugene Michaud CITATION License No. ROC 109906,

RESPONDENT.

The Registrar issues this Citation to Keith Eugene Michaud (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 13, 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).

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 THE WRITTEN COMPLAINT On June 21, 2024, Victoria Sarkiewicz (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge 1: A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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. 2024-07049. 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 November 13, 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 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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 October 29, 2024. By: /s/ Dylan Warwick Dylan Warwick Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 29, 2024 to:

Respondent Certified Mail No: [number redacted]

Keith Eugene Michaud 2817 E Kaibab Vis Tucson, AZ 85713

Copy mailed by USPS First Class mail this same date to: Keith Eugene Michaud 2817 E Kaibab Vis Tucson, AZ 85713

Complainant of 6

1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ roc.az.gov Lg101 8/21 Victoria Sarkiewicz 1185 N. Coulee Place Vail, AZ 85641 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. 2024-07049 / <<CreatedBy_DW>

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1700 W. Washington Street, Suite 105 ꞏ Phoenix AZ 85007-2812 602.542.1525 ꞏ Toll Free 877.692.9762 ꞏ 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)

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

1185 N. Coulee Place Vail Arizona 85641 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Keith Eugene Michaud ROC 109906 Street Address City State Zip

2817 E Kaibab Vis Tucson AZ 85713 Phone Number Email

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

Ranel Cox Sr. - 4R Development;Jose Concrete Company; Contract/Project Information Contract Date Contract Amount Amount Paid

August 14, 2022 $575,000.00 $575,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 1, 2022 September 22, 2022 Close of Escrow (New Home) Move-In Date (New-Home)

September 21, 2022 September 21, 2022 Jobsite Street Address City State Zip

1185 N. Coulee Place Vail AZ 85641 Name of Construction Site Owner Construction Site Name (if applicable)

Vikki Sarkiewicz 4R Development Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

Has any work been corrected? No

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

A building permit was obtained by Contractor I dont' have details Vail 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)

Driveway repoured by Samaniego Concrete. Pitting on entire surface, contractor will not repair. Septic leach bed not installed per permit approval. We have attempted to work with Ranel to address this issue but have still not received a resolution. Moving to where permit states will result in lose of functioning backyard. Allegations Listed on Complaint:

Driveway poured by Samaniego. 2 days after we began to notice pitting on entire surface.

Septic leach bed not on our property. Still no resolution.

Asphalt cracking, damage also done concrete installer

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

Victoria Sarkiewicz \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 CONSTRUCTION AUTHORIZATION/DISCHARGE AUTHORIZATION Notice of Intent to Discharge For An On-site Wastewater Treatment Facility Type 4.02 General Permit (Chamber System) Property Address: 1185 N Coulee Pl

Property Owner Information: For Department Use Only Name Four R Property LLC PCDS Activity No.: P22SS00080 Address 10510 E Escalante Rd Permitted Design Flow: Tucson, AZ 85730 600 gallons per day Name and Address of Facility (if different from above): Parcel No: Number of: Bedrooms 4 Fixture Units 19 Manufactured/mobile ■ Site built (SFR)

Characteristics of Wastewater Source(s): T 17S R 16E S 3 ■ Typical sewage from a single family residence

Typical sewage from multiple residences Latitude 31 . 985590 N Sewage source(s) other than residential Longitude 110 . 703968 W

Certification I hereby certify that this Notice of Intent to Discharge and all attachments were prepared under my direction or authorization and all information is, to the best of my knowledge, true, accurate and complete. *(Please type your full name)

Gerald A Tripp 1/11/22 Name Signature Owner ■ Owner’s Representative Date

The applicant has two years from the approval date of this document to complete construction and submit the applicable verification documents specified in A.A.C. R18-9-A301(D)(f).

CONSTRUCTION AUTHORIZATION Tank Size Required: _____ 1,250 gal. Distribution Boxes: ______ 0.6 Soil Absorption Rate (SAR):______ gal/day/ft2 Absorption Area per Chamber: _____ 28.38 ft2 Effective Absorption Area: Required: ______ 1,021 ft2 1,000 ft2 / Design: ______

Chamber Make/Model: __________________________ 36 Infiltrator Quick 4 High Cap Total Chambers: _______ 18 Chambers per Trench: _______ Trenches: Number _______ 72 Length (ft)______ Depth (ft): (min)______ 10' 5' 10" / (max)______ 5' min Spacing (ft):______

Notes:________________________________________________________________________________________________________ For Department Use Only

Laith Alshami, P.E. Site Review PM 02/03/2022 Approved By Signature Title Approval Date

DISCHARGE AUTHORIZATION Constructed per originally approved plans As-Built Plans: _______ Tank Size Installed: ______ gal. Chamber Make/Model: ________________________ Total Chambers: _______ Trenches: Number: _______ Length (ft):______ Depth (ft): ______ Spacing (ft):______ Chambers per Trench: _______ Effective Absorption Area Installed (ft ): ______

Notes:________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ 1/26/22 Approved By Signature Title Approval Date

(REVISED: 09/2016) Individual Onsite Wastewater Treatment Facility Site Suitability Determination Checklist, Guidelines Pima County Department of Environmental Quality N Stone Ave., Suite 700 Tucson, AZ 85701 Tel: (520) 724-7400

This form must be filled in completely and signed by the applicant, the applicant’s representative who has legal authority to sign for the applicant, or a qualified individual who completed the Site Suitability Determination. Submit original forms, as photocopies will not be accepted.

Site Address / Legal Description:________________________________________________________ 1185 N COULEE PL Date:__________ 1/11/22

Subdivision:_________________________ WHETSTONES SHADOWS II Lot # / Space:_________ Tax ID Number: _______________

Owners Name: __________________________________________ FOUR R PROPERTY LLC Owners Phone Number: ______________________ (520) 808-3517

Person/Company Name Performing Site Evaluation: _______________________________ GABRIEL VELASCO Phone #:_______________ (520) 437-5039

Contractor Name & License #, if applicable:_______________________________________________________ AFFORDABLE SEPTICS

A. Site Plan Information Does the site plan contain the following information in the format required? (Check the items listed below that apply) ____ X 1. Parcel number (Tax ID #), property address, and property size in acres. A.309.B.2.a ____ X 2. Property boundaries and north arrow. A.309.B.2.b ____ X 3. Proposed and existing on-site wastewater treatment facilities, with wastewater pipelines. A.309.B.2.b.i ____ X 4. Dwellings and other buildings, pools, wells, and ponds. A.309.B.2.b.i ____ X 5. Driveways, porches, tennis courts, and other paved or concrete features. A.309.B.2.b.i ____ X 6. Cut banks, retaining walls, or other features that might affect the system. A.309.B.2.b.i ____ X 7. Features less than 200 feet outside property line that constrain location. A309.B.2.b.ii ____ X 8. Topography with contours, original grades, and final grades if surface slope is greater than 5%. A309.B.2.b.iii ____ X 9. Surface limiting conditions, such as the presence of fill material or the 100-year floodplain. A311.C, A310.C.2 ____ X 10. Primary area, reserve area, and all soil testing locations. A309.B.2.b.iv ____ X 11. Site plan is drawn to scale. A.309.B.2.b ____ X 12. Site plan is accurate, as determined by a field inspection. A.301.D ____ X 13. No public sewer with adequate capacity is within 200 feet of property line, or waiver was obtained. PCC 7.21.037.D

B. Setback Requirements Does the proposed location for all parts of the on-site system meet the following setback requirements? A312.C applies to all

(Check the items listed below that apply) ____ X 1. Five feet or more from a driveway or easement. ____ X 2. Ten feet (water main), five feet (domestic line). Engineer’s Seal: ____ X 3. Ten feet or more to structures including decks, porches, etc. ____ X 4. Five feet or more to a swimming pool. ____ X 5. Fifty feet to a wash that drains more than 20 acres. ____ X 6. One hundred feet or more to a well. notes (2)a,b ____ X 7. Five feet or more from property lines. ____ X 8. Fifty feet from property line if no central water source. ____ X 9. One hundred feet to live or intermittent stream. ____ X 10. Two hundred feet to surface water drinking source. ____ X 11. One hundred feet to lake, reservoir, or canal. ____ X 12. One hundred feet to an earth fissure. ____ X 13. Downslopes or cut banks >15%, culverts, and ditches from: septic tank- 10 feet, disposal field if no limiting condition within 12 feet of land surface- 20 feet (50 feet if limiting condition exists).

Last Update 5/17/2016

C. Site Requirements If soil evaluation method other than percolation test is submitted, then A310.E (ASTM) applies ! (Check the items listed below that apply) ____ X 1. Minimum of 2 soil test sites (perc or ASTM) in primary area, 1 in reserve area, and others as necessary. A310.E.1, F.1 ____ X 2. Soil test holes have a minimum depth of 12 feet and meet Minimum Vertical Separation (MVS) requirements. A312.E (4 feet below trench bottom if surfacing of wastewater is the concen, regardless of Soil Absorption Rate [SAR] ) (5 feet below trench bottom for seasonal high water table; SAR 0.20-0.63 for trench/chamber, 0.13-0.42 for beds) (10 feet below trench bottom for seasonal high water table; SAR 0.63-1.20 for trench/chamber, 0.42-0.93 for beds) ____ n/a 3. Perc tests performed at multiple depths, or soil evaluation shows that perc test at one depth is sufficient. A310.F.1.b ____ n/a 4. Perc test holes were properly prepared. A310.F.1.c,d,e,f ____ n/a 5. The perc test holes were properly pre-soaked before testing. A310.F.2.a,b,c,d a. If 12” of water drains from holes in less than 60 minutes, three consecutive times, then OK to perc. b. If 12” takes longer than 59 min., keep at least 9” in hole for 4 hours, then wait 16-24 hours, then OK to perc. ____ n/a 6. Perc tests were properly conducted: fill to 6”, time 1” drop, refill, continue until 3 tests are within 10%. A310.F.3 ____ n/a 7. Soil evaluation for perc test is complete: need soil texture, structure, consistence, and % rock fragments. A310.F.3.f ____ n/a 8. Perc test results for each hole tested are between 1 and 120 minutes, or ASTM provided. A310.D.3.b.vi ____ X 9. ASTM is provided if a subsurface limiting condition exists at less than 12 feet below land surface. A310.D.2, D.3.b ____ X 10. Natural surface slope is less than 15% in primary and reserve areas, or ASTM provided. A310.D.3.b.i ____ X 11. The soil evaluation holes contain less than 35% rock fragments in all soil horizons, or ASTM provided. A310.D.3.b.iii ____ X 12. Soil evaluation holes are dry, with no evidence of groundwater or soil mottling, or ASTM provided. A310.D.3.b.iv & v

D. Design Requirements (Check the items listed below that apply) ____ X 1. The design flow is accurately described using the A314.A.4 Table and the Unit Daily Design Flows Table, and the deisgn flow includes all sewage sources and characteristics. A309.B.3, A312.B.3, A314.A.4.a ____ X 2. All setbacks have been met after system location has been determined, or A312.G request submitted. A312.C & notes ____ X 3. The correct soil absorption rate (SAR) has been calculated using the most conservative result of all testing regardless of method, or additional justification provided. A312.D.1 ____ X 4. Minimum Vertical Separation (MVS) requirements have been met from subsurface limiting conditions. A312.E.1, E.3.c ____ X 5. All SURFACE limiting conditions have been disclosed and addressed. A311.C, A310.C.2, A312.G ____ X 6. The reserve area is equal in size to the primary area and cannot be divided, constructed on, or improved. A312.D.4 ____ X 7. The septic tank is sized according to the A314.A.4 Table, or 2.1 times the design flow if not an SFR. A314.A.4.a & b ____ X 8. A list of materials for constructing the system has been provided. A309.B.4 ____ X 9. The AGGREGATE TRENCH or CHAMBER leach lines have been properly designed. E302.C.1, C.2, C.4 a. Trenches parallel contours, pipes/chambers are level, bottoms of trenches are level b. Minimum backfill over pipes/chambers is 9”, maximum is 24” unless SDR 35 used or chamber specs allow c. Trenches are not paved over, and A312.G request is submitted if any other part of system will be paved over d. Spacing of trench sidewalls is 2 times the depth of gravel below pipe or 5 feet, whichever is greater e. Maximum trench length is 100 feet f. Aggregate trench only: 1. Sidewall area included in design calculations (any sidewall between 12” and 48” below pipes) 2. Bottom area included in design calculations ( between 12” and 36” wide), unless crushed concrete used 3. Maximum absorption area is 11 square feet per linear foot 4. 2” aggregate cover over pipes and geotextile fabric specified g. Chambers only: 1. Absorption area per chamber determined by: A=(1.8 x B x L) + (2 x V x L) 2. Sidewall of chamber provides at least 35% open area, and no geotextile fabric used

NOTE: Each listed item should be checked (√), at the time it is reviewed by the applicant, for conformance to the proposed site. Space is provided on the reverse side of the checklist pages for making specific comments regarding the listed items. If specific comments about an item will be made, please mark that item above with an arrow (→) rather than a check mark (√).

Engineer’s Seal

I certify by signing below that, to the best of my knowledge, the above information is accurate and true.

____________________________________________________ Date:_____________ 1/11/22 Signature of Owner or Owners Representative 1/26/22

Last Update 5/17/2016

P22SS00080 Septic Permit Approved 02/03/2022 P22SS00080 Septic Permit Approved 02/03/2022 Concrete for the driveway needed repairs due to poor workmanship. Driveway was repoured by Samaniego Concrete, who was hired by 4R Development, on 12/5/2023. General Contractor was Michaud Construction. Within 2 days of driveway being poured we noticed pitting on entire surface. We notified Jose Samaniego Concrete. Jose looked at it and stated he would check with Ranel for the next steps and get back to us. Concrete has steadily worsened and even after contacting 4 R Development and Samaniego multiple times, they are unwilling to repair the driveway.

The septic leach bed was not installed where the permit approval states it should have been. We have attempted to work with Ranel and lawyers to address this issue but have still not received a resolution. The other houses on our street also had property line issues like ours. Some have been addressed by Ranel, but ours is not resolved.

The issue with our property is the leach lines and our back wall are not on our property. That property is owned by an out of state developer and will not sell Mr. Ranel the little piece of land our back wall and septic are on. He is requiring Mr. Ranel to purchase all 30+ acres behind us, which Ranel has not been able to do yet. It is important to note that the home and septic was installed even before we looked at the house. This is not a custom-built home; it was a new build.

This picture shows where the lines currently are, in Red. It also shows where the permit says it was supposed to go, in Pink. The white line is approximately where my property line is located.

If Ranel must move the lines and wall so they are on our property it means the septic lines will be in the middle of our backyard, rendering the backyard useless. We would also lose approx. 40ft of our backyard since the walls would have to be moved as well. We have been more than generous waiting for Ranel to complete the purchase of the land, so we did not lose the complete function of our backyard, but we can no longer wait. www.pima.gov

Septic Permit P22SS00080

Applicant Name: Gerald Tripp Site Address: 1185 N COULEE PL Legal: WHETSTONES SHADOWS II SQ20210200128 LOT 29 TaxCode: Owner Name: FOUR R DEVEOPMENT LLC Owner Address: 10510 E ESCALANTE RD TUCSON AZ Issued Date: 02/03/2022 Expiration Date: 02/04/2024

Description: Conventional Septic

This Construction Authorization becomes null and void if the Discharge Authorization is not issued within years. Permit holder shall adhere to all approved construction plans/documents.

SPECIAL PERMIT CONDITIONS

Please note that the validity of this permit is contingent on the following conditions:

1: Septic shall have 100 ft setback to wells, 5 ft setback from property line, 50 ft setback from property line if no central water source, and 50 ft setback to washes that drains more than 20 acres. 2: Approval has been granted solely for a Construction Authorization and/or a Discharge Authorization in accordance with A.A.C. § R18-9-A301. Construction or discharging without local regulatory approval from Development Services in regard to zoning, grading, flood control and other applicable regulatory requirements may result in a violation of local ordinances and subject the applicant to penalties of up to $10,000.00 per instance per day. 3: Discharge authorization is required prior to building final inspection or certificate of occupancy.

NOTE: Permit & approved plans/document must be posted at job site! For onsite field inspections call (520) 724-6970 to schedule inspection(s). Inspection results may be verified at: permits.pima.gov

Public Works Building · 201 N. Stone Ave · Tucson, AZ · 85701-1207 · 520.724.9900 · [email redacted] www.pima.gov

Please consult “Inspection requirements” posted at www.pima.gov/developmentservices for detailed instructions, including re-inspection fees, prior to calling in for inspection.

REQUIRED INSPECTION(S)

Item: 3060 Septic Site Inspection

Public Works Building · 201 N. Stone Ave · Tucson, AZ · 85701-1207 · 520.724.9900 · [email redacted] Received 11/07/2024 ROC Legal

Corey B. Larson (SB# 022549; PCC# 66111) Jennings Haug Keleher McLeod Waterfall LLP Williams Center 5210 E. Williams Circle, Suite 800 Tucson, AZ 85711 Ph: (520) 790-5828 [email redacted] [email redacted] Attorneys for Respondent

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Victoria Sarkiewicz, Case No.: 2024-07049

Complainant, v. ANSWER Keith Eugene Michaud License No. ROC 109906, Respondent.

Respondent Keith E. Michaud, AROC No. ROC109906 hereby responds to the Citation issued in this matter on October 29, 2024 and timely submits this Written Answer prior to the deadline of November 13, 2024 as follows: Although Victoria Sarkiewicz is identified as the Complainant, the subject residence is owned by both Matthew and Victoria Sarkiewicz, husband and wife. Unfortunately, since early on and continuing to the present, these parties have not been able to be made happy with their residence. Respondent is aware of numerous negotiations with the developer resulting in numerous attempts to address ongoing complaints. On numerous occasions, although Respondent and its subcontractors have not necessarily agreed with the complaints, repairs have been attempted to attempt to satisfy the Complainants. At some point, we can only conclude that Complainants will never be made happy as the complaints continue. Received 11/07/2024 ROC Legal

It would now seem that Complainants have separately contracted with Respondent’s subcontractors, meaning that Respondent is no longer directly responsible for the ongoing complaints. As two examples, Respondent is aware that Complainants paid $900 to Respondent’s concrete subcontractor to change the nature of the concrete utilized, but now Complainant is complaining about the replacement concrete that was done under an apparently separate contract directly between the Complainants and that subcontractor. The same is true with regard to the roof; Complainants separately contracted with the roofer to add a different roof coating to the roof and are now complaining about that different roof coating that is subject to a separate contract. As a result, Respondent respectfully asserts that any allegations regarding such matters must be brought directly against the parties with whom Complainants directly JENNINGS HAUG KELEHER MCLEOD WATERFALL LLP

contracted, not against Respondent. Complainants cannot separately contract with other parties 5210 E. Williams Circle, Suite 800

to change the type of concrete or put on a completely different roof coating and then complain that Respondent should be responsible for this separately contracted work. Tucson, AZ 85711 (520)790-5828

Despite the above, and the long history of unending complaints, Respondent again attempted to perform the repairs. Specifically, Ranel Cox from the developer contacted Mr. Sarkiewicz on multiple occasions to set up a time for repairs to be conducted. The calls were not returned. A representative was sent over and, although the Complainants appeared to be home, they would not come to the door. According to Mr. Cox, Mr. Sarkiewicz did answer the phone on one occasion, but would not speak with Mr. Cox to schedule the repairs and, instead, simply said “Talk to my lawyer.” As a last-ditch effort, Mr. Cox emailed Complaints and Investigator Springer to ask whether Complainants would cooperate in scheduling the requested repairs, but a “bounce-back” message indicted that Complainants had blocked emails from Mr. Cox. That is, Complainants refused multiple calls, a personal visit, and emails attempting to conduct the repairs. Complainants, however, refused access and any communications regarding the repairs. It would seem that this is because Complainants have, instead, opted to proceed with a civil litigation route, sending a November 4, 2024 Notice of Intent to file a civil lawsuit. Efforts were made to determine whether Complainants would dismiss this ROC matter in light

4865-7252-1176, v. 1 Received 11/07/2024 ROC Legal

of that process, but without denying that they denied access to conduct the repairs per multiple requests, have instead stated that they intend to request a hearing in this process as well. It would seem that Complainants have initiated a civil litigation process, but desire to proceed with this ROC process despite acknowledging that they have blocked all communications and refused to allow Respondent to conduct any of the repairs they are demanding. It would seem that they seek to go forward with the ROC Complaint process simply in an attempt to unnecessarily drive up expenses and costs while refusing to allow repairs. Unfortunately, as has appeared to long be the case, Complainants cannot be made happy no matter what is done and seek to have Respondent be made as equally unhappy as they are. Respondent requests that the Citation be dismissed in light of the separate contracting JENNINGS HAUG KELEHER MCLEOD WATERFALL LLP

with subcontractor parties and the denial of access. Additionally, as it would seem that this 5210 E. Williams Circle, Suite 800

matter is in a civil litigation process involving the same matters and complaints, it would no longer seem to be necessary to continue this matter. Tucson, AZ 85711 (520)790-5828

DATED this 7th day of November, 2024. JENNINGS HAUG KELEHER MCLEOD WATERFALL LLP By: /s/ Corey B. Larson Corey B. Larson Attorneys for Respondent

Electronically filed this 7th day of November, 2024; and a copy mailed and emailed to:

Victoria Sarkiewicz 1185 N. Coulee Place Vail, AZ 85641 [email redacted] Complainant By: /s/ Jenifer Dorn

4865-7252-1176, v. 1 Received 11/7/24, 4:12 PM State of Arizona Mail - Sarkiewicz v. Michaud, Case No. 2024-07049 11/07/2024 ROC Legal

Answers - AZROC <[email redacted]>

Sarkiewicz v. Michaud, Case No. 2024-07049 message

Jenifer L. Dorn <[email redacted]> Thu, Nov 7, 2024 at 3:19 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: "Corey B. Larson" <[email redacted]>

Attached is Respondent’s Answer to the ROC in the above referenced matter. Thank you.

Jenifer L. Dorn , Legal Assistant

Jennings Haug Keleher McLeod Waterfall LLP 5210 East Williams Circle | Suite 800 | Tucson, Arizona 85711 Office: 520.790.5828 | Direct: 520.745.7811 | [email redacted] JKWLAWYERS.com

2024.11.07 Michaud Answer.pdf 125K

https://mail.google.com/mail/b/AEoRXRSXg1-YO2sAi68bgA3xUnFBAw9zK_aB9fY62uV8viSyOuBo/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 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.

1/11/22 Print Name Signature Date

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