2024A-07593-CHC-ROC Notice of Hearing & Packet MAILED 2024-07593.pdf

2024A-07593-CHC-ROC · Registrar of Contractors · 2024-11-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Karen Elaine Orton , Case No. 2024-07593

COMPLAINANT, Docket No. 2024A-07593-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Elite Rooter Phoenix Inc. DBA: Elite Rooter License No. ROC 316232,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 13, 2024 1:00 PM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on October 9, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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 November 5, 2024.

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

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

Respondent(s) Elite Rooter Phoenix Inc. 3000 Bunsen Ave Suite B Ventura, CA 93003 Complainant(s) Karen Elaine Orton 9216 S Kachina Dr Tempe, AZ 85284

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. 2024-07593 /

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: Karen Elaine Orton 9216 S Kachina dr Tempe, AZ 85284

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: Elite Rooter Phoenix Inc DBA: Elite Rooter 3000 Bunsen Ave Suite B Ventura, CA 93003

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 29, 2024

Re: Complaint No. 2024-07593

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, August 15, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Karen Elaine Orton 9216 S Kachina dr Tempe, AZ 85284

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: Elite Rooter Phoenix Inc DBA: Elite Rooter 3000 Bunsen Ave Suite B Ventura, CA 93003

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 September 5, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-07593

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for August 15, 2024 at 10:00 AM has been rescheduled for Monday, September 16, 2024 at 12:00 PM.

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,

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Jobsite Inspection Notes

Case No.: 2024-07593 Investigator: Steven Avila Inspection Date: Monday, September 16, 2024 Inspection Time: 1:00 PM

Jobsite Address: 430 W 1st Street 103 Tempe, AZ 85281

Complainant: Karen Elaine Orton Respondent: Elite Rooter Phoenix Not Present: Inc Not Present:

Jobsite General Notes: Present at the inspection: Karen Orton – Property Owner Investigator Avila – Registrar of Contractors. Respondent did not attend the jobsite inspection.

Complainant provided a bid from the respondent regarding the scope of the work dated 12/06/2023. The scope included multiple holes in the slab in various areas of the lower level of the building and an additional hole on the exterior of the building. The main location that was focused on at the time of the jobsite inspection that was performed on 9/16/2024 was a lower level bathroom wish was opened up by a second contractor hired by the property management/ HOA. This opening provided a view of PVC sewer piping which appeared to be new in appearance that had failed. The property is currently not rented out due to the sewer line backing up a second time after the initial repairs were made.

Invoice of $18,757 was initially given to the complainant. After the insurance issued a check the amount of $11.570 was given to the respondent and accepted as payemt per invoice 74749844.

After the repairs were made by Elite Rooter the renters notices moisture around the base of a toilet. Soon after the moisture was noticed there was more waste that backed up into the bathroom area.

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

After inspection by Rainforst Plumbing and Air the property owner was provided an estimate on 8/23/2024 which stated the entirety of the respondent’s scope of work on the lower level of the residence must be redone totalling $30,995.

Property owner was not present when the initial repairs were made. Property owner was not present when the inspection by Rainforest was performed.

Respondent’s license # 316232 is currently revoked and therefore no directive is to be issued. Complaint will be forwarded to the registrar’s legal department with citations.

ITEMS REQUIRING CORRECTION:

Complaint Item: - 9.20.23 Flood began upstairs. Blockage caused flood? Paid $2757 to Elite. Discovered more problems downstairs within the plumbing system? Estimate an additional 18k+. Told Elite I wanted to get a second opinion. Elite notified me that the work had been completed, without approval. Elite supposedly replaced all plumbing downstairs out to the community lines and added plumbing for an additional shower. Elite asked me to sign the contract & also asked me to sign for 18k credit line after the work was done, I refused. Elite submitted for reimbursement of the 18k along w/ the mitigation. Rec’d 11k from S Farm & I had no clue who it was 4. In April we began to rebuild the condo and discovered the shower lines were not installed and noticed some dampness. Elite was contacted and informed the insurance com sent them 11k. On 5.6.24 the money was picked up. I was notified by my contractor that there was a small leak coming from where the sink was attached in the DS bath. A few days later raw sewage began coming up from the toilet area in the same bath. 3 days later u couldn’t c the floor. Elite/Keith came by & said everything is fine, the raw sewage must be coming up from another unit. He said he’d be back. Contacted the neighbors in unit 104. 104 used their own plumbers to determine there was no problem. 7.1 Gave an Ultimatum to Elite, he had been MIA for weeks & the unit is still uninhabitable. Realized ROC license was R. 7.1 Ready Rooter came out as a favor to our mitigation guy & he determined there was a blockage in the community line. 7.3. Got the HOA involved & they sent in another plumber Rainforest. RF scoped the pipes and said there may b a blockage. 7.5.24 Rainforest told us Elites workmanship was very poor. And once then get in the will be able to say if it all my problem

Investigator’s Observation: At the time of the inspection the new drainage lines beneath the lower level bathroom were viewable, was opened up by Rainforest around 7/5/2024, and show signs of failure. Exact measurements of the piping were not taken as the pipes had been exposed to waste. It appeared as though the newer white pvc piping was 4” pipe and the black piping present appeared to be 3 inches in size. At the main intersection of the piping, a double y four inch fitting, it appeared as though the black piping was placed inside but no transition piece between the two pieces was viewable. The black piping appeared to be inside the right side y portion of the fitting for the length of the 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Y. From the transition of the black piping in the Y all the exposed white pvc piping had suffered failure, showing signs of cracking. The current condition of the drain line could be seen in the jobsite inspection photos.

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

Steven Avila, Investigator (602) 771-6772 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

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

P 1 JSI PHOTOS J P 2 JSI PHOTOS J Photo of area in question where a black abs pipe was places within a white pvc pipe with not fitting but instead slid inside. A portion of the connection was removed by a second contractor.

This is the portion of abs that was slipped into the pvc joint. P 3 JSI PHOTOS J

ABS pipe was slipped into the right side of the four inch pvc double y fitting. The repair failed causing sewage back up. P 4 JSI PHOTOS J

Additional view of the abs pipe inside the pvs fitting. P 5 JSI PHOTOS J

PVC cracked along the four inch pipe well beyond the initial failure at the double y fitting. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Karen Elaine Orton, Case No. 2024-07593 COMPLAINANT, v. Elite Rooter Phoenix Inc., CITATION DBA: Elite Rooter, License No. ROC 316232,

RESPONDENT.

The Registrar issues this Citation to Elite Rooter Phoenix Inc., DBA: Elite Rooter, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 24, 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 July 6, 2024, Karen Elaine Orton, (“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. of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-07593. 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 October 24, 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,

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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 Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an 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

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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 written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated October 9, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 9, 2024 to: Respondent Certified Mail No: [number redacted] Elite Rooter Phoenix Inc., DBA: Elite Rooter 3000 Bunsen Ave Suite B Ventura, CA 93003 of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Copy mailed by USPS First Class mail this same date to: Elite Rooter Phoenix Inc. DBA: Elite Rooter 3000 Bunsen Ave Suite B Ventura, CA 93003 Complainant Karen Elaine Orton 9216 S Kachina dr Tempe, AZ 85284 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. 2024-07593

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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)

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

9216 S Kachina dr Tempe Arizona 85284 Phone Number Email

(608) 549-1414 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Julianne C. Wheeler Street Address of Attorney City State Zip

1490 S Price Rd Ste 203 Chandler Arizona 85286 Phone Number of Attorney Email of Attorney

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

Elite Rooter Phoenix Inc ROC 316232 Street Address City State Zip

5020 S Ash ave #105 Tempe Arizona 85283 Phone Number Email

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

Patrick Patel Contract/Project Information Contract Date Contract Amount Amount Paid

September 27, 2023 $18,757.00 $11,757.00 Date Work Started Date Work Stopped Date Work Was Completed

September 27, 2023 December 7, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

430 W 1st Street Tempe AZ 85281 Name of Construction Site Owner Construction Site Name (if applicable)

Karen Orton Regatta Point Phone Number of Construction Site Owner Email of Construction Site Owner

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

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Has any work been corrected? No

The contract was Written All change orders were Written This project was Residential This project involved Other Began as a flood on the second floor 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)

The condo is uninhabitable, 9.23. Elite wanted 18k to finish a job & they really pressured me to sign a contract & a loan for 18k, not knowing if the work would be covered. I told them I wanted a second opinion & they did the work w/out approval. SF & I paid 14k, I find out it a was poor standard of care inferior quality & may need to b redone Allegations Listed on Complaint:

9.20.23 Flood began upstairs. Blockage caused flood? Paid $2757 to Elite

Discovered more problems downstairs within the plumbing system? Estimate an additional 18k+

Told Elite I wanted to get a second opinion. Elite notified me that the work had been completed, without approval.

Elite supposedly replaced all plumbing downstairs out to the community lines and added plumbing for an additional shower

Elite asked me to sign the contract & also asked me to sign for 18k credit line after the work was done, I refused.

Elite submitted for reimbursement of the 18k along w/ the mitigation. Rec’d 11k from S Farm & I had no clue who it was 4

In April we began to rebuild the condo and discovered the shower lines were not installed and noticed some dampness

Elite was contacted and informed the insurance com sent them 11k. On 5.6.24 the money was picked up.

I was notified by my contractor the there was a small leak coming from where the sink was attached in the DS bath.

A few days later raw sewage began coming up from the toilet area in the same bath. 3 days later u couldn’t c the floor.

Elite/Keith came by & said everything is fine, the raw sewage must be coming up from another unit. He said he’d back.

Contacted the neighbors in unit 104. 104 used their own plumbers to determine there was no problem.

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

7.1 Gave an Ultimatum to Elite, he had been MIA for weeks & the unit is still uninhabitable. Realized ROC license was R

7.1 Ready Rooter came out as a favor to our mitigation guy & he determined there was a blockage in the community line.

7.3. Got the HOA involved & they sent in another plumber Rainforest. RF scoped the pipes and said there may b a blockage

7.5.24 Rainforest told us Elites workmanship was very poor. And once then get in the be able to say if it all my problem

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

Karen Elaine Orton \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 319 E Watkins Street, Phoenix, AZ 85004 Tel: (623)-469-4660 email: [email redacted]

Client Info: Prepared by: Keith Shannon Karen Orton Tel: (602) 777-2356 430 W 1st Street Email: [email redacted] Tempe AZ 85281 Job Info: Claim#

Scope of Work: Drain Replacement Date: 12/06/23

Upon arrival Elite Rooter found mulitple drains overflowing. Once water was dropped using cable machines, camara and locate drain lines in bathrooms, kitchen, laundry and mainline drainage system. If was found there was a mainline blockage which lead to the build up of significant head pressure, leading to further damege in secondary drainage system. Saw cut and jackhammer 3ft x 3ft hole in concrete to provide access for excavation in living room, 2ft x 45ft hole, 3ft x 3ft hole and another 3ft x 3ft hole in garage due to post tension cable in slab, in downstairs bathroom, a 4ft x 4ft hole and 4ft x 4ft hole near toilet. Hand dig dirt and place on tarp in exterior of home. Excavate and tunnel to expose old pipe to cut out problematic pipe and replace with new ABS pipe and fittings. Tunnelling will be used to prevent additional floor damage and future put back after plumbing work is completed. Trenchless technology used to replace mainline between holes using SDR17 seamless pipe. All plumbing will be done to city code and UPC approved fittings will be used. Test for proper flow, operation and leaks. Backfill dirt to proper compaction. Rough patch concrete is included. General cleanup and disposal of concrete and other construction debris. 25 year transferrable warranty

Exclusions: ➢ Any unforeseen problems or extra work not outlined herein. Job Breakdown Camera & Locate ………………………………………. $ 250.00 Containment ………………………………………. $ 200.00 Access ………………………………………. $ 11,300.00 Pipe & Installation ………………………………………. $ 1,067.00 Regress ………………………………………. $ 5,400.00 Disposal of trash/concrete ………………………………………. $ 400.00 Job site Cleanup ………………………………………. $ 140.00

Total ………………………………………. $ 18,757.00

Confidential. Do not disseminate to any parties not listed herein without the express written permission from Elite Rooter Phoenix.

Elite Rooter Phoenix Invoice 72960899 315 W Elliott Road, Suite 234 Invoice Date 9/27/2023 Tempe AZ 85284 Completed Date Lic. #316232 Customer PO Payment Term Due Upon Receipt

Billing Address Job Address Karen Orton Karen Orton 430 West 1st Street #UNIT 103 430 West 1st Street #UNIT 103 Tempe, AZ 85281 USA Tempe, AZ 85281 USA

Description of Work

Elite Rooter found kitchen sink to have sudden overflow. Drainline leaking in wall.

Task # Description Quantity Your Price Your Total E0102 We will install new garbage disposal and sink drain. We will further diagnose the 1.00 $2,757.00 $2,757.00 drainage system. We will test all connections for leaks and pipe for proper grade and flow. There is a 10 year warranty on the pipe and labor to install the pipe. There is a manufacturer’s warranty on garbage disposal.

Potential Savings $0.00 Sub-Total $2,757.00 Tax $0.00 Total Due $2,757.00

Balance Due $2,757.00 Please make checks payable to Elite Rooter. A 3.5% credit card fee will be applied to all credit card payments. Thank you for your business!

I authorize Elite Rooter Phoenix to begin the performance of the work on this invoice for $2,757.00 subject to all terms and conditions set forth on the authorization agreement. Unforeseen circumstances requiring work outside this scope will result in a change order. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. This will certify that the repairs made by Elite Rooter Phoenix at Karen Orton have been completed to our entire satisfaction. LIMITED WARRANTY

Elite Rooter Phoenix warrants, to the extent stated herein, the services provided. The stated period of warranty commences upon the completion of scope the of work.

Purchaser understands that Elite Rooter Phoenix liability under this warranty is limited to repair, replacement, recleaning or refund of purchaser's money, and does not extend to property damage resulting from drains which become clogged or obstructed or from plumbing work which fails during the agreed upon warranty period. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.

NOTlCE TO OWNER

. Do not sign this contract until you read it or if any spaces intended for the agreed terms, except as to unavailable information, are blank.

2. You are entitled to a copy of this contract at the time you sign it.

3. You may cancel this contract if it is solicited in person, and you sign it, at a place other than the seller's business address, by sending notice of cancellation by certified mail return receipt requested to the seller at his address which notice shall be post marked no later than midnight of the third day (excluding Sundays and holidays) following your signing this contract. If you choose to cancel this contract, you must return or make available to the seller at the place of delivery any merchandise, in its original condition, received by you under this contract.

This contractor is registered to do business in the state in which this work was performed. (See registration number on the front side of this contract).

Where required, this contractor has posted with the State all necessary bonds or cash deposits for the purpose of satisfying claims against the con tractor for negligent or improper work or breach of contract in the conduct of the contractor's business. This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your job, your property may be liened to force payment. If you wish additional protection, you may request the contractor to provide you with the original "lien release” documents from each supplier or subcontractor on your project. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the licensing board in your state. The specific telephone number and address of your governing agency can be found by calling 1-623-469-4660 or by writing Elite Rooter Phoenix at 5020 South Ash Avenue, Tempe AZ 85282.

ARIZONA RESIDENTS ONLY NOTICE TO OWNER

"Under the Arizona Mechanics" Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps improve your property but is not paid for his or her work or supplies has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment.

TERMS AND CONDITIONS

Company's Responsibility - Company shall do all work in a good and workmanlike manner and endeavor to render prompt and efficient service. Company warrants its work to be free from defects in material and workmanship for the warranty period, if any, set forth on the face hereof.

Customer's Responsibility - Customer will operate any equipment and/or material installed as per manufacturer’s instructions. Any abuse to aforementioned equipment/ materials may void warranty.

Non-Payment - Interest in the amount of the highest legal rate will be assessed for the period of delinquency that is thirty (30) days

from the date on the reverse of this Agreement. Void where prohibited. In the event of non-payment, I agree to pay all costs incurred for collections not limited to attorney fees and court costs.

Electronic Check Authorization - When you provide a check as payment, you authorize us to use in formation from your check to process a one-time Electronic Funds Transfer (EFT) or draft drawn from your account or process the payment as a check transaction. You also authorize us to process credit adjustments, if applicable. If your payment is returned unpaid, you authorize us to collect your payment and the maximum return fee allowable by law.

Commercial General Liability Insurance (CGLl) - This contractor carries Commercial General Liability Insurance as required by law. For more information please visit the Arizona Registrar of Contractors (ROC) website at www.roz.az.gov.

Worker's Compensation Insurance - This contractor carries Worker's Compensation Insurance for all employees.

Corporate Address - 5020 South Ash Avenue, Tempe AZ 85282.

AZ - For Contracts Greater than $500 - List of documents to be incorporated into the Contract (where applicable): Three-Day Right to Cancel; Notice of Cancellation; Waiver-Right of Rescission; Payment Schedule; Mechanic’s Lien Warning; Information About Arizona Registrar of Contractors (ROC): Notice About Extra Work; Description of Work and Materials; Change Order.

NOTE ABOUT EXTRA WORK AND CHANGE ORDERS

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. You, the buyer, may not require a contractor to perform extra or change-order work without providing written authorization prior to commencement.

of any work covered by the new change order. Extra work or a change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) The scope of work encompassed by the order; (ii) The amount added or subtracted

from the contract; (iii) The effect the order will make in the progress payments or the completion date. Elite Rooter Tuscon Invoice 74749844 Invoice Date 11/28/2023 Completed Date Customer PO Payment Term Due Upon Receipt

Billing Address Job Address Karen Orton Karen Orton 430 West 1st Street #UNIT 103 430 West 1st Street #UNIT 103 Tempe, AZ 85281 USA Tempe, AZ 85281 USA

Description of work

Task # Description Quantity Price Total E0238 We will make 4-5 access points ( pothole in downstairs bathroom, downstairs 1.00 $18,757.00 $18,757.00 bedroom, 2 potholes in the garage. We will jackhammer and haul away concrete. We will excavate down to depth of damaged pipe. We will replace drain in wall for upstairs kitchen. We will install new shower drain along with new hot and cold water lines for shower along with new shower valve. We will remove and haul away damaged pipe. We will conduct trenchless pipe bursting method using HDPE (High Density Polyethylene Pipe). Once bursting is complete we will make connections to all pipe and fixtures. We will install bi-lateral clean outs outside of house. We will test all connections for leaks and proper grade and flow. We will backfill and compact all dirt. We will do a patch of concrete over access points. (We do not patch drywall, paint or repair flooring). There is a 25 year transferable warranty on the pipe and labor to install the pipe. E0231 Elite Rooter Promotion 1.00 $-7,187.00 $-7,187.00 Potential Savings $0.00 Sub-Total $11,570.00 Tax $0.00 Total Due $11,570.00 Payment $0.00 Balance Due $11,570.00 Thank you for the opportunity to provide you with our services! I authorize Elite Rooter to begin the performance of the work on this invoice for $11,570.00 subject to all terms and conditions set forth on the authorization agreement. Unforeseen circumstances requiring work outside this scope will result in a change order. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. Elite Rooter is not associated with any other contractor and any referral is as a courtesy only and you as homeowner have the right to choose your contractors. This will certify that the repairs made by Elite Rooter at Karen Orton have been completed to our entire satisfaction. LIMITED WARRANTY

Elite Rooter Tuscon warrants, to the extent stated herein, the services provided. The stated period of warranty commences upon the completion of scope the of work.

Purchaser understands that Elite Rooter Tuscon liability under this warranty is limited to repair, replacement, recleaning or refund of purchaser's money, and does not extend to property damage resulting from drains which become clogged or obstructed or from plumbing work which fails during the agreed upon warranty period. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.

NOTlCE TO OWNER

. Do not sign this contract until you read it or if any spaces intended for the agreed terms, except as to unavailable information, are blank.

2. You are entitled to a copy of this contract at the time you sign it.

This contractor is registered to do business in the state in which this work was performed. (See registration number on the front side of this contract).

ARIZONA RESIDENTS ONLY NOTICE TO OWNER

TERMS AND CONDITIONS

Customer's Responsibility - Customer will operate any equipment and/or material installed as per manufacturer’s instructions. Any abuse to aforementioned equipment/ materials may void warranty. Non-Payment - Interest in the amount of the highest legal rate will be assessed for the period of delinquency that is thirty (30) days

from the date on the reverse of this Agreement. Void where prohibited. In the event of non-payment, I agree to pay all costs incurred for collections not limited to attorney fees and court costs.

Worker's Compensation Insurance - This contractor carries Worker's Compensation Insurance for all employees.

Corporate Address - 730 E Copper Road, Tucson, AZ 85719

NOTE ABOUT EXTRA WORK AND CHANGE ORDERS

from the contract; (iii) The effect the order will make in the progress payments or the completion date. 10/22/24, 2:49 PM State of Arizona Mail - Response to Citation and Complaint 2024-07593

Answers - AZROC <[email redacted]>

Response to Citation and Complaint 2024-07593 message

Alice Olivas <[email redacted]> Tue, Oct 22, 2024 at 2:03 PM To: "[email redacted]" <[email redacted]>

To whom it may concern,

Our customer had contacted us after the initial repair stating there was some water damage in her adjoining wall. It is important to note, we never abandoned the job site. We had sent a supervisor to access the issue, and it was determined it could potentially be the neighboring unit. We had difficulty getting access to the neighboring unit. While in the meantime, we had sent mitigation out there for the water damage in the wall. Additionally, when the supervisor did go out there again, he let our customer know the issue may not be due to the scope of work already performed. It may be an additional problem. Since then, the customer has contacted several plumbing companies to access the issue and work on the pipes. Including opening up the flooring and cutting out sections of pipe. To this date, our customer has allowed at least 2 other plumbing companies to touch her pipes and still has not been able to explain what we did wrong or give us the opportunity to warranty/ fix our work, if it was our work. The photos provided to us from our customer are not photos of our work. We fully documented our work. Additionally, we do not use white plastic pipe. We use ABS or SDR-17. Throughout this whole project, communication and availability has been very difficult due to our customer having to handle several deaths in her family and being out of town. We are happy to address and honor any warranty on our workmanship, however, at this time several other companies have touched the work, and the problem may not be within the scope of work completed.

Alice Olivas

Elite Rooter 3000 Bunsen Ave. #A Ventura, CA 93003 Direct 805-431-4865 www.eliterooter.com

https://mail.google.com/mail/b/AEoRXRSc3skqhpyF4No44DincMb2gFpZsRBvTDjbyvEIjylnLJy6/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=th… 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