2024A-07829-NPC-ROC Notice of Hearing & Packet MAILED

2024A-07829-NPC-ROC · Registrar of Contractors · 2024-09-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Solar Restore LLC, Case No. 2024-07829 DBA: Solar Detach & Reset Docket No. 2024A-07829-NPC-ROC COMPLAINANT, NOTICE OF HEARING ON v. CONTESTED CASE Sargent Enterprises Inc. DBA: Sargent Roofs License No. ROC 217483,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 1, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors

to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.

All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

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

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

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on August 26, 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)(10)

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. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

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

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is

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

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

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced

or delayed, and the position of all other parties regarding the advancement or delay.

A party may also file a motion asserting a right to an expedited hearing upon a showing of

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the

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

such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated September 12, 2024.

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

Copy mailed via USPS First Class mail September 12, 2024 to:

Respondent(s) Sargent Enterprises Inc. P.O. Box 8147 Mesa, AZ 85214 Complainant(s) Solar Restore LLC 34834 N 3rd Ave Phoenix, AZ 85086

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. 2024-07829 /

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

July 17, 2024

Via U.S. Mail and Email

Complainant Solar Restore LLC 34834 N 3rd Ave Phoenix, AZ 85086

Via U.S. Mail and Email

Respondent Sargent Enterprises Inc P.O. Box 8147 Mesa, AZ 85214

Re: Complaint No. 2024-07829

Dear Complainant and Respondent:

The Registrar received a complaint filed against Sargent Enterprises Inc for non- payment of materials or services rendered. This complaint is incomplete and will not be substantively reviewed by the Registrar until the following documentation is provided:

1. Written contract or written statement of how you started business with Respondent.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Please provide ALL requested information by July 24, 2024. The Registrar will close this complaint (as incomplete) without further written notice if you fail to provide the requested documentation by such date.

Documents can be submitted by:

Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

Although the complaint is incomplete at this time, Respondent may file a response with the Registrar raising any issues or affirmative defenses to the complaint.

If the required information is provided and this complaint becomes complete, Respondent will be provided an additional opportunity to respond to the complaint.

Sincerely,

/s/ Dylan Warwick Dylan Warwick Legal Department 1700 W Washington St. Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100a 11/23 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Caitlin Meyer Street Address City State Zip Code 34834 N 3rd Ave Phoenix Arizona 85086 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) Sargent Enterprises Inc ROC 217483 Street Address City State Zip Code P.O. Box 8147 Mesa AZ 85214 Phone Number Email Address

Name of Person(s) Representing License Ronald Lee Sargent Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $4,570.00 March 7, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. 3643; 3644

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Caitlin Meyer Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Caitlin Meyer INVOICE #3643 SERVICE DATE Mar 07, 2024 DUE Upon receipt

AMOUNT DUE $2,535.00

Solar Detach & Reset CONTACT US Sargent Roofing 10624 E Firewheel Dr 34834 N 3rd Ave Scottsdale, AZ 85255 Phoenix, AZ 85086

(480) 689-7935 (623) 633-6556 [email redacted] [email redacted]

INVOICE

Services qty unit price amount

Solar Detach 22.0 $92.50 $2,035.00 Removal of rooftop solar equipment to allow for roof work

Water Heater Removal 1.0 $500.00 $500.00

Total $2,535.00

By selecting the Green Accept option you agree to all terms and conditions within this estimate as a binding agreement Bird Nest Removal will be an additional charge of $60 per nest Solar Detach and Reset is not liable for any pre-existing damage on the rooﬁng tiles or other materials before the start of our work.

Solar Detach & Reset 331356 http://www.solardetachpro.com 1 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 2 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 3 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 4 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 5 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 6 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 7 of 8 Solar Detach & Reset 331356 http://www.solardetachpro.com 8 of 8 INVOICE #3644 SERVICE DATE Apr 04, 2024 DUE Net 30

AMOUNT DUE $2,035.00

Solar Detach & Reset CONTACT US Sargent Roofing 10624 E Firewheel Dr 34834 N 3rd Ave Scottsdale, AZ 85255 Phoenix, AZ 85086

(480) 689-7935 (623) 633-6556 [email redacted] [email redacted]

INVOICE

Services qty unit price amount

Solar Reset 22.0 $92.50 $2,035.00 Reinstallation of rooftop solar equipment

Total $2,035.00

Solar Detach & Reset 331356 http://www.solardetachpro.com 1 of 6 Solar Detach & Reset 331356 http://www.solardetachpro.com 2 of 6 Solar Detach & Reset 331356 http://www.solardetachpro.com 3 of 6 Solar Detach & Reset 331356 http://www.solardetachpro.com 4 of 6 Solar Detach & Reset 331356 http://www.solardetachpro.com 5 of 6 Solar Detach & Reset 331356 http://www.solardetachpro.com 6 of 6 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-07829 Solar Restore LLC DBA: Solar Detach & Reset, COMPLAINANT, v. CITATION Sargent Enterprises Inc DBA: Sargent Roofs, License No. ROC 217483,

RESPONDENT.

The Registrar issues this Citation to Sargent Enterprises Inc DBA: Sargent Roofs (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 10, 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 11, 2024, Solar Restore LLC DBA: Solar Detach & Reset (“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)(10) Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the

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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 licensee's operations as a contractor unless the licensee proves that the licensee lacks the capacity to pay, and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-07829. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 10, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides 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 deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). 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

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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 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 August 26, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Legal Department Arizona Registrar of Contractors

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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 COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 26, 2024 to:

Respondent Certified Mail No: [number redacted]

Sargent Enterprises Inc P.O. Box 8147 Mesa, AZ 85214 Copy mailed by USPS First Class mail this same date to:

Sargent Enterprises Inc DBA: Sargent Roofs, P.O. Box 8147 Mesa, AZ 85214 Complainant Solar Restore LLC DBA: Solar Detach & Reset 34834 N 3rd Ave Phoenix, AZ 85086

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. 2024-07829 /

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

AMOUNT DUE $2,535.00

Solar Detach & Reset CONTACT US Sargent Roofing 10624 E Firewheel Dr 34834 N 3rd Ave Scottsdale, AZ 85255 Phoenix, AZ 85086

(480) 689-7935 (623) 633-6556 [email redacted] [email redacted]

INVOICE

Services qty unit price amount

Solar Detach 22.0 $92.50 $2,035.00 Removal of rooftop solar equipment to allow for roof work

Water Heater Removal 1.0 $500.00 $500.00

Total $2,535.00

AMOUNT DUE $2,035.00

Solar Detach & Reset CONTACT US Sargent Roofing 10624 E Firewheel Dr 34834 N 3rd Ave Scottsdale, AZ 85255 Phoenix, AZ 85086

(480) 689-7935 (623) 633-6556 [email redacted] [email redacted]

INVOICE

Services qty unit price amount

Solar Reset 22.0 $92.50 $2,035.00 Reinstallation of rooftop solar equipment

Total $2,035.00

09/09/2024 Answers - AZROC <[email redacted]>

RE: Answer to Citation - Citation # 2024-07829 message

Ron Sargent <[email redacted]> Mon, Sep 9, 2024 at 4:00 PM To: [email redacted] Cc: Ron Sargent <[email redacted]>

Ronald Sargent Sargent Enterprises Inc. DBA Best All Around Roofing 26033 S. Power Rd. Queen Creek, AZ 85142 Phone: 480-689-7935 Email: [email redacted]

September 9, 2024

Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007

RE: Answer to Citation - Citation # 2024-07829

Dear Sir/Madam,

I, Ronald Sargent, owner of Sargent Enterprises Inc. DBA Best All Around Roofing, respectfully submit this written answer to Citation #2024-07829, Dated August 26, 2024.

### 1. Background As a licensed roofing contractor with over 40 years of experience under ROC #157519 & ROC #217483, I have always adhered to high professional standards and the Arizona Registrar of Contractors' regulations.

### 2. Dispute Summary The citation involves a dispute regarding an alleged nonpayment of a contractual obligation. The Complainant asserts that I owe them payment for services rendered. I dispute this claim, as I believe the services provided either did not meet the agreed-upon contractual terms or were not performed to the necessary standards required by our agreement. In addition, I have made efforts to resolve this matter with the Complainant, but we have been unable to reach a mutual agreement on the outstanding amount.

### 3. Request for Hearing I respectfully request a formal hearing before the Office of Administrative Hearings to present my defense and provide evidence disputing the claims made in the citation. I believe that upon review of all relevant documentation, it will be clear that I do not owe the claimed amount.

### 4. License Status I understand that should the Administrative Decision determine I owe the Complainant payment, my license will be suspended 40 days from the date of the Final Administrative Decision unless proof of payment is provided. I am committed to addressing this issue fairly and professionally.

Thank you for your attention to this matter. Please contact me if further information is required.

Sincerely,

https://mail.google.com/mail/b/AEoRXRS0PCqpjkSZsNxCaZ_NZo5y5mY7KJ9ftpHTd4nVRJCtwnfS/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 9/9/24, 4:04 PM Received Legal State of Arizona Mail - RE: Answer to Citation - Citation # 2024-07829 Ronald Sargent Owner, Sargent Enterprises Inc. DBA Best All Around Roofing 09/09/2024 Phone: 480-689-7935 Email: [email redacted]

https://mail.google.com/mail/b/AEoRXRS0PCqpjkSZsNxCaZ_NZo5y5mY7KJ9ftpHTd4nVRJCtwnfS/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 9/9/24, 2:19 PM State of Arizona Mail - Re: 2024-07829

Answers - AZROC <[email redacted]>

Re: 2024-07829 messages

Ron Sargent <[email redacted]> Mon, Sep 9, 2024 at 11:29 AM To: [email redacted]

Dear Mr. Warwick,

Thank you for your response and for providing the relevant information regarding the written statement and contract. I would appreciate it if you could clarify the process moving forward should payment be the determined resolution. Additionally, could you advise on the timeline for making payment if that becomes the final outcome?

Thank you for your assistance.

Sincerely, Ronald Sargent Sent from my iPhone

Answers - AZROC <[email redacted]> Mon, Sep 9, 2024 at 2:19 PM To: Ron Sargent <[email redacted]>

Mr. Sargent- I am Dylan's supervisor; Dylan is currently out on Military Leave. You need to file an answer to the citation, which is due by tomorrow. Once we receive the answer, we will request a hearing from the Office of Administrative Hearings. At that hearing, you and the Complainant can present your sides of the issue. If it is determined that you owe the Complainant money, your license will be suspended on the effective date of the order, until we receive proof that the amount has been paid. The effective date of the order will be 40 days after the Final Administrative Decision is issued.

If we do not receive a timely answer, a default will be issued against you and your license will be suspended seven days later until the amount in question is paid.

Please do not hesitate to contact our office if you have any further questions.

Donna Lewandowski Paralegal Manager Arizona Registrar of Contractors [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

https://mail.google.com/mail/b/AEoRXRTITSE4ACU1Fbag1ZdpMwD7LBEQb6VoJS30z0LYwAVMLgKA/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/1 8/8/24, 2:56 PM State of Arizona Mail - Complaint against Sargent Enterprises

Dylan Warwick <[email redacted]>

Complaint against Sargent Enterprises Caitlin Meyer <[email redacted]> Thu, Aug 8, 2024 at 12:20 PM To: Dylan Warwick <[email redacted]>

Hi Dylan,

This is our second job with Sargent Roofing. The first job (for $450) was completed 11/17/23 and they paid us 11/25/23 (see attachments). When we sent our estimate for this second job to Sargent Roofing to be confirmed, they clicked "Approve Estimate" which includes them agreeing to our "terms & conditions", which I have included a copy of. I have also included a copy of the estimate which says " Signed on 03/06/24 for $4070" & a picture of our page showing the estimate as "customer approved". Only customers are able to mark estimates as approved, our CRM shows as "Pro Approved" if we are the ones to approve it. After completion of both the detach & reset, we sent invoices and neither one has been paid, which does not align with our experience with them on the first job.

Please let me know if there is any other information I can give.

Thank you, Caitlin Meyer

Phone: 480-848-0896 Email: [email redacted]

34834 N 3rd Ave, Phoenix, AZ 85086 www.SolarDetachPro.com

From: Dylan Warwick <[email redacted]> Sent: Tuesday, July 30, 2024 3:23 PM To: Caitlin Meyer <[email redacted]> Subject: Re: Complaint against Sargent Enterprises

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https://mail.google.com/mail/u/0/?ik=e2d7877678&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 8/8/24, 2:56 PM State of Arizona Mail - Complaint against Sargent Enterprises

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estimate-1516.pdf 43K invoice-3644.pdf 36K invoice-3643.pdf 36K

https://mail.google.com/mail/u/0/?ik=e2d7877678&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 ESTIMATE #1516 SERVICE DATE Mar 4, 2024

TOTAL $4,570.00

Solar Detach & Reset CONTACT US 10624 E Firewheel Dr Scottsdale, AZ 85255 34834 N 3rd Ave Phoenix, AZ 85086

(480) 689-7935 [email redacted] (623) 633-6556 [email redacted]

ESTIMATE

Services qty unit price amount

Solar Detach 22.0 $92.50 $2,035.00 Removal of rooftop solar equipment to allow for roof work

Solar Reset 22.0 $92.50 $2,035.00 Reinstallation of rooftop solar equipment

Water Heater Removal 1.0 $500.00 $500.00

Services subtotal: $4,570.00

Subtotal $4,570.00

Total $4,570.00

Solar Detach & Reset 331356 http://www.solardetachpro.com 1 of 2 of our work. 1) Coordination and Scheduling: SD&R will coordinate with your roofer to schedule dates for the detach and reset process.

2) Veriﬁcation of Solar System: Perform a system veriﬁcation of the solar system to ensure everything is functioning properly. Identify any issues and bring them to the customer's attention.

3) Detaching Process: Detach solar panels, solar racking, solar mounts, and any solar electrical wiring from the roof.

4) Sealing Process: Seal the holes from the mounts with Mastic (Black Tar).

5) Storage: Store all detached components in a location on-site chosen by the customer. (unless agreed upon otherwise)

6) Roof Work Completion: After the roof work is completed, reinstall the solar system exactly as it was detached.

7) Installation Enhancements: Add bottom ﬂashing to every mount to ensure proper sealing.

9) Panel Maintenance: Wash every panel to ensure cleanliness and optimal performance.

10) Veriﬁcation of Reinstalled System: Complete a second veriﬁcation of the solar system to ensure it has been properly reinstalled.

11) Warranties and Guarantees: Issue a workmanship warranty that matches the roofers' workmanship warranty, up to years. Oﬀer a 100% money-back guarantee (no leak guarantee) for any leaks from solar mounts within the workmanship warranty period, refunding 100% of the money from the detach and reset process.

Signed on 03/06/24 for $4070

Solar Detach & Reset 331356 http://www.solardetachpro.com 2 of 2 JOB #3643

SERVICE DATE Mar 07, 2024

PAYMENT TERMS Upon receipt

DUE DATE Mar 10, 2024

Solar Detach & Reset AMOUNT DUE $2,535.00 Sargent Roofing 10624 E Firewheel Dr Scottsdale, AZ 85255

(480) 689-7935 CONTACT US [email redacted] 34834 N 3rd Ave Phoenix, AZ 85086

(623) 633-6556 [email redacted]

INVOICE

Services qty unit price amount

Solar Detach 22.0 $92.50 $2,035.00 Removal of rooftop solar equipment to allow for roof work

Water Heater Removal 1.0 $500.00 $500.00

Subtotal $2,535.00

Job Total $2,535.00

Amount Due $2,535.00

By selecting the Green Accept option you agree to all terms and conditions within this estimate as a binding agreement

Bird Nest Removal will be an additional charge of $60 per nest

Solar Detach and Reset is not liable for any pre-existing damage on the rooﬁng tiles or other materials before the start of our work.

Solar Detach & Reset 331356 http://www.solardetachpro.com 1 of 2 See our Terms & Conditions

Solar Detach & Reset 331356 http://www.solardetachpro.com 2 of 2 JOB #3644

SERVICE DATE Apr 04, 2024

PAYMENT TERMS Upon receipt

DUE DATE Apr 22, 2024

Solar Detach & Reset AMOUNT DUE $2,035.00 Sargent Roofing 10624 E Firewheel Dr Scottsdale, AZ 85255

(480) 689-7935 CONTACT US [email redacted] 34834 N 3rd Ave Phoenix, AZ 85086

(623) 633-6556 [email redacted]

INVOICE

Services qty unit price amount

Solar Reset 22.0 $92.50 $2,035.00 Reinstallation of rooftop solar equipment

Subtotal $2,035.00

Job Total $2,035.00

Amount Due $2,035.00

By selecting the Green Accept option you agree to all terms and conditions within this estimate as a binding agreement

Bird Nest Removal will be an additional charge of $60 per nest

Solar Detach and Reset is not liable for any pre-existing damage on the rooﬁng tiles or other materials before the start of our work.

Solar Detach & Reset 331356 http://www.solardetachpro.com 1 of 2 See our Terms & Conditions

Solar Detach & Reset 331356 http://www.solardetachpro.com 2 of 2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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