2024A-08923-NPC-ROC Notice of Hearing & Packet MAILED 2024-08923.pdf

2024A-08923-NPC-ROC · Registrar of Contractors · 2024-09-17

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ability Plumbing Service and Repair, Inc., Case No. 2024-08923 COMPLAINANT, Docket No. 2024A-08923-NPC-ROC v. NOTICE OF HEARING ON Above All Plumbing LLC CONTESTED CASE License No. ROC 304099,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

October 23, 2024 10:00 AM Kay Abramsohn 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 23, 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 17, 2024.

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

Copy mailed via USPS First Class mail September 17, 2024 to:

Respondent(s) Above All Plumbing LLC PO Box 4121 Yuma, AZ 85366 Complainant(s) Ability Plumbing Service and Repair, Inc., 1948 N Marshall Ave, Suite 109 El Cajon, CA 92020

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. 2024-08923 /

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

August 7, 2024

Via U.S. Mail and Email

Complainant Ability Plumbing Service and Repair Inc. 1948 N. Marshall Ave., Suite 109 El Cajon, CA 92020

Respondent Above All Plumbing LLC PO Box 4121 Yuma, AZ 85366

Re: Complaint No. 2024-08923

Dear Complainant and Respondent:

The Registrar received a complaint filed against Above All Plumbing LLC for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by August 14, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response 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]

The Registrar will not issue a citation before August 14, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/Meridith Bell Meridith Bell Legal Assistant II Legal Department

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 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) Michael Gerard Sottile Street Address City State Zip Code 1948 N. Marshall Dr, Ste 109 El Cajon California 92020 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) Above All Plumbing LLC ROC 304099 Street Address City State Zip Code 2186 E 15th pl. yuma Arizona 85365 Phone Number Email Address

Name of Person(s) Representing License Patrick Patterson Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $33,560.00 May 10, 2024 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Completed the below Approved work described below Dear Above All Plumbing LLC

Thank you for providing Ability Plumbing the opportunity to submit an estimate for the cured in place lining of the main 6" for Building 1177 and 1178 We appreciate your consideration and look forward to the possibility of working together on this project.

Utilizing high-quality materials and employing cutting-edge rehabilitation processes, Ability Plumbing will thoroughly clean and prepare the pipes, as needed, in preparation for the Cured In Place Pipe (CIPP) liner installation.

6" Main Line Reline:

Ability Plumbing will pull in 172 feet of CIPP liner in the 6" clay main from one to two access points and 2 sections already provided by Above all plumbing. Once the liners are in place, we will cure them in place and conduct a thorough camera inspection for quality control.

Building 888 4" cast from cleanouts to manhole

Utilizing a cutting edge milling machine we will meticulously descale and clean 20' of cast iron from the double sweep cleanouts to the manhole. Once prepped and cleaned we will pul in 20' of 4" cured in place liner from the cleanouts to the manhole.

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

We are confident in our ability to deliver high-quality results within the proposed budget and timeline. Our team is dedicated to ensuring the success of this project, and we are committed to exceeding your expectations.

Should you have any questions or require further clarification, please feel free to contact us at 619.438.8235 or Email us @ [email redacted] We are available for a meeting to discuss this proposal in detail and address any concerns you may have.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

Sincerely, Ability Plumbing Service and Repair 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 Michael Gerard Sottile 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 Michael Gerard Sottile Ability Plumbing PO Box 710457 Santee, CA 92072 (619) 631-7065 License #983421

BILL TO Above All Plumbing LLC 2186 East 15th Place Yuma, AZ 85365 USA

INVOICE INVOICE DATE 17363455 May 10, 2024

J O B A D D R ES S Completed Date: 5/10/2024 Above All Plumbing LLC Technician: Trenton Wolfe MCAS Building 1176 License #: Y3064751 Yuma, AZ 85365 USA Technician: Michael Sottile

Technician: Zack Morraitis Payment Term: Due Upon Receipt Due Date: 5/10/2024

D ES C R I P T I O N O F WO R K

COMPLETED THE BELOW DESCRIBED WORK

Proposal for Cured In Place Lining of Laterals and Main for Building 1176

Dear Above All Plumbing LLC

6" Main Line Reline:

Building 888 4" cast from cleanouts to manhole

Utilizing a cutting edge milling machine we will meticulously descale and clean 20' of cast iron from the double sweep cleanouts to the manhole.

Invoice #17363455 Page 1 of 4 Once prepped and cleaned we will pul in 20' of 4" cured in place liner from the cleanouts to the manhole.

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

Sincerely, Ability Plumbing Service and Repair

TA S K D ES C R I P T I O N QT Y

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 6" 172.00

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 4" 20.00

PA I D O N TYPE MEMO AMOUNT

4/30/2024 Visa $1,000.00

7/6/2024 Check $26,000.00

7/12/2024 Check $10,000.00

7/12/2024 Check Returned check credit adjustment $-26,000.00

Invoice #17363455 Page 2 of 4 POTENTIAL SAVINGS $1,114.00 SUB-TOTAL $44,560.00 TAX 0% $0.00

TOTAL DUE $44,560.00 PAYMENT $11,000.00

BALANCE DUE $33,560.00 Past due invoices are subject to a 5% service charge per month plus cost of collections if incurred.

CREDIT CARD PAYMENT AUTHORIZATION Please pay total due amount. Thank you.

Print Name below as it appears on credit card Payment Type Credit Card # EXP CVC Name on card Signature Remit to:

Amount Due:

CUSTOMER AUTHORIZATION I understand the work that is required to fix the issue and I authorize Michael Sottile to begin the work stated and only the work stated. If the scope of work changes and additional materials are needed, I understand that Michael Sottile will present me with a new estimate before continuing the work. I agree to pay $44,560.00 when the aforementioned work has been completed.

If a new work estimate is authorized on the basis of additional work being needed I agree to pay that invoice price and that this price becomes null and void.

Sign here Date 5/10/2024

THREE DAY RIGHT TO CANCEL WAVIER OF RIGHT TO CANCEL: Having initiated a contract in connection with emergency repairs or service for the immediate protection of person or real and personal property, I hereby state that the following emergency situation exists requiring immediate action.

Sign here Date 5/10/2024

CUSTOMER ACKNOWLEDGEMENT TO OUR CUSTOMERS: Servicemen are required to have work slip signed. This is done in order to protect you, the workmen and Ability Plumbing, which enables us to give you satisfactory service. I agree to the rates quoted. I also agree the plumbing contractor is not responsible for any pre-existing violations or conditions. If legal action is necessary to compel performance the prevailing party is entitled to the court cost and attorney's fees.

SEE JOB DESCRIPTION. Pursuant to section 1689.13 of the California civil code, I acknowledge and hereby waive all rights to

Invoice #17363455 Page 3 of 4 cancel the sale within 3 days.

Sign here Date 5/10/2024

TECHNICIAN ACKNOWLEDGEMENT

Sign here Date 5/10/2024

Invoice #17363455 Page 4 of 4 Ability Plumbing PO Box 710457 Santee, CA 92072 (619) 631-7065 License #983421

BILL TO Above All Plumbing LLC 2186 East 15th Place Yuma, AZ 85365 USA

INVOICE INVOICE DATE 17363455 May 10, 2024

J O B A D D R ES S Completed Date: 5/10/2024 Above All Plumbing LLC Technician: Trenton Wolfe MCAS Building 1176 License #: Y3064751 Yuma, AZ 85365 USA Technician: Michael Sottile

Technician: Zack Morraitis Payment Term: Due Upon Receipt Due Date: 5/10/2024

D ES C R I P T I O N O F WO R K

COMPLETED THE BELOW DESCRIBED WORK

Proposal for Cured In Place Lining of Laterals and Main for Building 1176

Dear Above All Plumbing LLC

6" Main Line Reline:

Building 888 4" cast from cleanouts to manhole

Utilizing a cutting edge milling machine we will meticulously descale and clean 20' of cast iron from the double sweep cleanouts to the manhole.

Invoice #17363455 Page 1 of 4 Once prepped and cleaned we will pul in 20' of 4" cured in place liner from the cleanouts to the manhole.

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

Sincerely, Ability Plumbing Service and Repair

TA S K D ES C R I P T I O N QT Y

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 6" 172.00

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 4" 20.00

PA I D O N TYPE MEMO AMOUNT

4/30/2024 Visa $1,000.00

7/6/2024 Check $26,000.00

7/12/2024 Check $10,000.00

7/12/2024 Check Returned check credit adjustment $-26,000.00

Invoice #17363455 Page 2 of 4 POTENTIAL SAVINGS $1,114.00 SUB-TOTAL $44,560.00 TAX 0% $0.00

TOTAL DUE $44,560.00 PAYMENT $11,000.00

BALANCE DUE $33,560.00 Past due invoices are subject to a 5% service charge per month plus cost of collections if incurred.

CREDIT CARD PAYMENT AUTHORIZATION Please pay total due amount. Thank you.

Print Name below as it appears on credit card Payment Type Credit Card # EXP CVC Name on card Signature Remit to:

Amount Due:

If a new work estimate is authorized on the basis of additional work being needed I agree to pay that invoice price and that this price becomes null and void.

Sign here Date 5/10/2024

SEE JOB DESCRIPTION. Pursuant to section 1689.13 of the California civil code, I acknowledge and hereby waive all rights to

Invoice #17363455 Page 3 of 4 cancel the sale within 3 days.

Sign here Date 5/10/2024

TECHNICIAN ACKNOWLEDGEMENT

Sign here Date 5/10/2024

Invoice #17363455 Page 4 of 4 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-08923 Ability Plubming Service and Repair, Inc.,

COMPLAINANT, v. CITATION Above All Plumbing LLC, License No. ROC 304099,

RESPONDENT.

The Registrar issues this Citation to Above All Plumbing LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 7, 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 August 7, 2024, Ability Plumbing Service and Repair, Inc., (“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 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 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. 2024-08923. 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 7, 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

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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 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 inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B).

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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 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 23, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 23, 2024 to: Respondent Certified Mail No: [number redacted] Above All Plumbing LLC PO Box 4121 Yuma, AZ 85366 Copy mailed by USPS First Class mail this same date to: Respondent Above All Plumbing LLC PO Box 4121 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 Yuma, AZ 85366 Complainant Ability Plumbing Service and Repair, Inc. 1948 N. Marshall Ave, Suite 109 El Cajon, CA 92020 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. 2024-08923 /

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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 Ability Plumbing PO Box 710457 Santee, CA 92072 (619) 631-7065 License #983421

BILL TO Above All Plumbing LLC 2186 East 15th Place Yuma, AZ 85365 USA

INVOICE INVOICE DATE 17363455 May 10, 2024

J O B A D D R ES S Completed Date: 5/10/2024 Above All Plumbing LLC Technician: Trenton Wolfe MCAS Building 1176 License #: Y3064751 Yuma, AZ 85365 USA Technician: Michael Sottile

Technician: Zack Morraitis Payment Term: Due Upon Receipt Due Date: 5/10/2024

D ES C R I P T I O N O F WO R K

COMPLETED THE BELOW DESCRIBED WORK

Proposal for Cured In Place Lining of Laterals and Main for Building 1176

Dear Above All Plumbing LLC

6" Main Line Reline:

Building 888 4" cast from cleanouts to manhole

Utilizing a cutting edge milling machine we will meticulously descale and clean 20' of cast iron from the double sweep cleanouts to the manhole.

Invoice #17363455 Page 1 of 4 Once prepped and cleaned we will pul in 20' of 4" cured in place liner from the cleanouts to the manhole.

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

Sincerely, Ability Plumbing Service and Repair

TA S K D ES C R I P T I O N QT Y

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 6" 172.00

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 4" 20.00

PA I D O N TYPE MEMO AMOUNT

4/30/2024 Visa $1,000.00

7/6/2024 Check $26,000.00

7/12/2024 Check $10,000.00

7/12/2024 Check Returned check credit adjustment $-26,000.00

Invoice #17363455 Page 2 of 4 POTENTIAL SAVINGS $1,114.00 SUB-TOTAL $44,560.00 TAX 0% $0.00

TOTAL DUE $44,560.00 PAYMENT $11,000.00

BALANCE DUE $33,560.00 Past due invoices are subject to a 5% service charge per month plus cost of collections if incurred.

CREDIT CARD PAYMENT AUTHORIZATION Please pay total due amount. Thank you.

Print Name below as it appears on credit card Payment Type Credit Card # EXP CVC Name on card Signature Remit to:

Amount Due:

If a new work estimate is authorized on the basis of additional work being needed I agree to pay that invoice price and that this price becomes null and void.

Sign here Date 5/10/2024

SEE JOB DESCRIPTION. Pursuant to section 1689.13 of the California civil code, I acknowledge and hereby waive all rights to

Invoice #17363455 Page 3 of 4 cancel the sale within 3 days.

Sign here Date 5/10/2024

TECHNICIAN ACKNOWLEDGEMENT

Sign here Date 5/10/2024

Invoice #17363455 Page 4 of 4 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

6" Main Line Reline:

Building 888 4" cast from cleanouts to manhole

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

BILL TO Above All Plumbing LLC 2186 East 15th Place Yuma, AZ 85365 USA

INVOICE INVOICE DATE 17363455 May 10, 2024

J O B A D D R ES S Completed Date: 5/10/2024 Above All Plumbing LLC Technician: Trenton Wolfe MCAS Building 1176 License #: Y3064751 Yuma, AZ 85365 USA Technician: Michael Sottile

Technician: Zack Morraitis Payment Term: Due Upon Receipt Due Date: 5/10/2024

D ES C R I P T I O N O F WO R K

COMPLETED THE BELOW DESCRIBED WORK

Proposal for Cured In Place Lining of Laterals and Main for Building 1176

Dear Above All Plumbing LLC

6" Main Line Reline:

Building 888 4" cast from cleanouts to manhole

Utilizing a cutting edge milling machine we will meticulously descale and clean 20' of cast iron from the double sweep cleanouts to the manhole.

Invoice #17363455 Page 1 of 4 Once prepped and cleaned we will pul in 20' of 4" cured in place liner from the cleanouts to the manhole.

Note: All costs include high-quality materials, state-of-the-art rehabilitation processes, labor, and quality control measures.

Terms and Conditions:

PAYMENT TERMS: $1000.00 Upon signing of contract $43,560.00 Upon completion no later 30 days after completion

PROJECT TIMELINE: 1-3 work days (friday saturday and sunday) or week days 8-10 HOURS A DAY

Any additional work not specified in this proposal will be subject to additional charges.

Thank you once again for considering Ability Plumbing for this project. We look forward to the opportunity to collaborate with Above All Plumbing LLC

Sincerely, Ability Plumbing Service and Repair

TA S K D ES C R I P T I O N QT Y

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 6" 172.00

PIPCIPP PULL IN PLACE CIPP LINING (20' MINIMUM) 4" 20.00

PA I D O N TYPE MEMO AMOUNT

4/30/2024 Visa $1,000.00

7/6/2024 Check $26,000.00

7/12/2024 Check $10,000.00

7/12/2024 Check Returned check credit adjustment $-26,000.00

Invoice #17363455 Page 2 of 4 POTENTIAL SAVINGS $1,114.00 SUB-TOTAL $44,560.00 TAX 0% $0.00

TOTAL DUE $44,560.00 PAYMENT $11,000.00

BALANCE DUE $33,560.00 Past due invoices are subject to a 5% service charge per month plus cost of collections if incurred.

CREDIT CARD PAYMENT AUTHORIZATION Please pay total due amount. Thank you.

Print Name below as it appears on credit card Payment Type Credit Card # EXP CVC Name on card Signature Remit to:

Amount Due:

If a new work estimate is authorized on the basis of additional work being needed I agree to pay that invoice price and that this price becomes null and void.

Sign here Date 5/10/2024

SEE JOB DESCRIPTION. Pursuant to section 1689.13 of the California civil code, I acknowledge and hereby waive all rights to

Invoice #17363455 Page 3 of 4 cancel the sale within 3 days.

Sign here Date 5/10/2024

TECHNICIAN ACKNOWLEDGEMENT

Sign here Date 5/10/2024

Invoice #17363455 Page 4 of 4 Received 8/26/2024 ROC Legal

2186 E 15TH PLACE, YUMA, AZ 85365 928-366-1770 WWW.ABOVEALLPLUMBINGLLC.COM AZ ROC: 304099 __________________________________________________________________________________________

Written Answer to Citation and Complaint

Case No. 2024-08923

To Whom It May Concern:

A complaint against Above All Plumbing was filed by Ability Plumbing regarding non-payment for a service they provided. The reason for non payment was due to unforeseen circumstances and this issue has since been resolved with Ability Plumbing. Above All Plumbing and Ability Plumbing have arranged for payment schedule and Ability Plumbing has agreed to drop the complaint on this matter.

Should you have any questions, please contact me at 928-366-1770, or email me at [email redacted]

Thank you,

Torri Brown

Operations Manager Received 8/26/2024 ROC Legal Received 8/26/24, 1:27 PM State of Arizona Mail - ANSWER - No Pay Citation 2024-08923 8/26/2024 ROC Legal

Answers - AZROC <[email redacted]>

ANSWER - No Pay Citation 2024-08923 message

Torri Brown <[email redacted]> Mon, Aug 26, 2024 at 12:45 PM To: [email redacted], [email redacted]

Good afternoon,

Please see attached written answer to the above reference citation.

Thank you,

Torri Brown | Operations Phone: 928-366-1770

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ROC Respoonse.pdf 251K

https://mail.google.com/mail/b/AEoRXRTg2k9HEWzb2XuBKxJi0-ufjRV-cR5SOlsBLEJKGlNHzvpp/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=… 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