2024A-10152-CHC-ROC Notice of Hearing & Packet MAILED 2024-10152.pdf

2024A-10152-CHC-ROC · Registrar of Contractors · 2024-11-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Elaine Hoyt , Case No. 2024-10152

COMPLAINANT, Docket No. 2024A-10152-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE A To Z Flooring Experts LLC License No. ROC 325582,

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

HEARING INFORMATION The hearing is set for:

January 8, 2025 9:00 AM Nicole Robinson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on October 28, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(A) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

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

1156(B).

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

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated November 26, 2024.

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

Copy mailed via USPS First Class mail November 26, 2024 to:

Respondent(s) A To Z Flooring Experts LLC 4714 W Lindner Dr. Glendale, AZ 85308

Complainant(s) Melissa Elaine Hoyt 2227 E. Ruby Lane Phoenix, AZ 85024

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. 2024-10152 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● Citation; and ● Answer. The Hearing Packet will also contain the following documents (if applicable): ● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos. What if there are If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.

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

Complainant: Melissa Elaine Hoyt 2227 E. Ruby Lane PHOENIX, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: A To Z Flooring Experts LLC 4714 w. Lindner dr. Glendale, AZ 85308

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 September 11, 2024

Re: Complaint No. 2024-10152

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, September 19, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Melissa Hoyt Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2227 E. Ruby Lane PHOENIX Arizona 85024 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

A To Z Flooring Experts LLC ROC 325582 Street Address City State Zip

4714 w. Lindner dr. Glendale AZ 85308 Phone Number Email

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

Gabriel Badiu Contract/Project Information Contract Date Contract Amount Amount Paid

May 3, 2023 $3,273.46 $3,273.46 Date Work Started Date Work Stopped Date Work Was Completed

May 3, 2023 March 4, 2024 March 4, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

2227 E. Ruby Lane Phoenix AZ 85024 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Both All change orders were Both This project was Residential This project involved Repair

A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

This is the second complaint I've filed against this contractor. Mr. Badiu was given two opportunities under ROC direction to correct workmanship & safety deficiencies. Less than 3 mos later, grout was cracking and tiles were again falling off my BBQ. Please see prior case w/Dan Edwards. Allegations Listed on Complaint:

Cracked grout in various areas causing tiles to loosen/fall off

Bullnose tiles are falling off around perimeter of the BBQ island

Bullnose tiles along SE island edge are not fully mounted to backer

Random falling tiles have posed a deadly risk to my 10-lb dog since 05/04/2023

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Melissa Hoyt \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Daniel Edwards <[email redacted]>

AZROC - Scheduling Inspection Melissa Hoyt <[email redacted]> Tue, Sep 17, 2024 at 11:43 AM To: Daniel Edwards <[email redacted]>

Hi Dan, I have another item to add to my list for Thurs. It was noted in the letter I sent Gabriel, I just forgot to add it to my complaint. Are you able to add it please?

Allowed an unlicensed contractor to correct all deficiencies found in the first complaint with the ROC. Proof that this contractor was an employee of A to Z Flooring Solutions is requested. Thanks, Melissa

From: Daniel Edwards <[email redacted]> Sent: Wednesday, September 11, 2024 11:36 AM To: Melissa Hoyt <[email redacted]> Subject: AZROC - Scheduling Inspection

[Quoted text hidden] Complainant: Melissa Elaine Hoyt 2227 E. Ruby Lane PHOENIX, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Respondent: A To Z Flooring Experts LLC 4714 w. Lindner dr. Glendale, AZ 85308

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 September 17, 2024

Re: Complaint No. 2024-10152

Dear Complainant and Respondent:

After the initial filing of the complaint 2024-10152, the Complainant filed the attached amended complaint containing additional complaint items.

A jobsite inspection is scheduled Thursday, September 19, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C007 12/23 Daniel Edwards <[email redacted]>

AZROC - Scheduling Inspection Melissa Hoyt <[email redacted]> Tue, Sep 17, 2024 at 11:43 AM To: Daniel Edwards <[email redacted]>

Hi Dan, I have another item to add to my list for Thurs. It was noted in the letter I sent Gabriel, I just forgot to add it to my complaint. Are you able to add it please?

From: Daniel Edwards <[email redacted]> Sent: Wednesday, September 11, 2024 11:36 AM To: Melissa Hoyt <[email redacted]> Subject: AZROC - Scheduling Inspection

[Quoted text hidden] Case no. 2024-10152

Dan Edwards, 9/19/2024 1 2227 E. Ruby Lane JSI PHOTOS

No mortar, poor bond

Multiple bullnose tiles are falling off of the countertop (west side), no mortar adhered to the back of the tiles Case no. 2024-10152

Dan Edwards, 9/19/2024 2 2227 E. Ruby Lane JSI PHOTOS

Multiple bullnose tiles are falling off of the countertop (west side), no mortar adhered to the back of the tiles Case no. 2024-10152

Dan Edwards, 9/19/2024 3 2227 E. Ruby Lane JSI PHOTOS

Multiple bullnose tiles are falling off of the countertop (southeast side), no mortar adhered to the back of the tiles Case no. 2024-10152

Dan Edwards, 9/19/2024 4 2227 E. Ruby Lane JSI PHOTOS

Virtually all separated tiles have no mortar adhered to the back sides of the tile Case no. 2024-10152

Dan Edwards, 9/19/2024 5 2227 E. Ruby Lane JSI PHOTOS

Multiple bullnose tiles are falling off of the countertop (east side), no mortar adhered to the back of the tiles Case no. 2024-10152

Dan Edwards, 9/19/2024 6 2227 E. Ruby Lane JSI PHOTOS

Multiple bullnose tiles are falling off of the countertop (north side), no mortar adhered to the back of the tiles Case no. 2024-10152

Dan Edwards, 9/19/2024 7 2227 E. Ruby Lane JSI PHOTOS

Grout cracking at joints between field of tiles and bullnose Case no. 2024-10152

Dan Edwards, 9/19/2024 8 2227 E. Ruby Lane JSI PHOTOS

Grout cracking Case no. 2024-10152

Dan Edwards, 9/19/2024 9 2227 E. Ruby Lane JSI PHOTOS

Grout cracking Case no. 2024-10152

Dan Edwards, 9/19/2024 10 2227 E. Ruby Lane JSI PHOTOS

Grout cracking Jobsite Inspection Notes

Case No.: 2024-10152 Investigator: Daniel Edwards Inspection Date: Thursday, September 19, 2024 Inspection Time: 10:00 AM

Jobsite Address: 2227 E. Ruby Lane Phoenix, AZ 85024

Complainant: Melissa Elaine Hoyt Respondent: A To Z Flooring Not Present: Experts LLC Not Present:

Jobsite General Notes:

Present at inspection was Melissa Hoyt (complainant) and a representativefor respondent who provided the name Alessio. Also present was Assistant Chief Alex Figueroa #145, as an observer. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20240919 JSI Photos 2024-10152."

Complaint Item: 1 - Cracked grout in various areas causing tiles to loosen/fall off Investigator’s Observation: Substantiated. Grout is cracking at the grout joints between the field of tiles and the bullnose edge tiles. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

Complaint Item: 2 - Bullnose tiles are falling off around perimeter of the BBQ island Investigator’s Observation: Substantiated. Multiple bullnose tiles around all sides of the countertop have delaminated and have fallen off of the countertop edges as of the date of inspection. Tiles are delaminating without mortar attached to the backs of the tiles, suggesting a lack of proper bonding to the tile mortar. Respondent shall correct by appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. A.R.S. § 32-1154(A)(3) - R4-9-108(a) Workmanship

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: 3 - Bullnose tiles along SE island edge are not fully mounted to backer Investigator’s Observation: Allegation is a duplicate of issues addressed in complaint item no.2. Governing Rule: Not Applicable

Complaint Item: 4 - Random falling tiles have posed a deadly risk to my 10- lb dog since 05/04/2023 Investigator’s Observation: Allegation is a duplicate of issues addressed in complaint item no.2. Governing Rule: Not Applicable

Complaint Item: 5 - Allowed an unlicensed contractor to correct all deficiencies found in the first complaint with the ROC. Proof that this Investigator’s Observation: There is currently insufficient evidence to substantiate a violation related to this allegation. A copy of the Registrar's Substantiate Policy Statement 102: Independent Contractors and Employees is being attached to this directive for informational purposes and clarification regarding workers authorized to address directive items (i.e. employees of respondent and/or appropriately licensed subcontractors within respondent's own license classification). Governing Rule: Not Applicable

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

Complainant: Melissa Elaine Hoyt 2227 E. Ruby Lane PHOENIX, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: A To Z Flooring Experts LLC 4714 w. Lindner dr. Glendale, AZ 85308

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 September 24, 2024

License No. ROC 325582

Re:Complaint No. 2024-10152

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, October 11, 2024.

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

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

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

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

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

Complaint Item: 4 - Random falling tiles have posed a deadly risk to my 10-lb dog since 05/04/2023 Investigator’s Observation: Allegation is a duplicate of issues addressed in complaint item no.2. Governing Rule: Not Applicable

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

Sincerely,

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

Substantive Policy Statement: 102 First Issued: 05/17/2013 Last Revised: 03/15/2016

Licensed Contractors: Independent Contractors and Employees This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona administrative procedure act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under section 41-1033, Arizona Revised Statutes, for a review of the statement.

Applicable Law(s):

• A.R.S. § 32-1154(A) • A.R.S. § 32-1164(A) • Lundy v. Prescott Valley, Inc., 110 Ariz. 362, 363, 519 P.2d 61 (1974) • Sobel v. Jones, 96 Ariz. 297, 300, 394 P.2d 415 (1964) • A.R.S. Title 23, Chapter 3, Article 4

Substantive Policy Statement:

The Registrar of Contractors (ROC) is occasionally asked if and when a licensed contractor can hire independent contractors rather than employees. The question usually describes these independent contractors as; laborers, temporary workers, subcontractors, independent contractors, or 1099 employees. Although various names exist to describe these relationships, these names do not determine whether the individual is legally considered an employee or independent contractor. Understanding whether an individual is an employee or an independent contractor is important because it impacts the licensee’s legal obligations. Information to help determine whether a person is an employee or an independent contractor can be found on the IRS website here. If the individual is an employee, the licensee must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid. On the other hand, if the person is an independent contractor, the person needs to have their own ROC license. Licensees may want to consult competent legal advice to be aware of the various legal requirements.

The ROC recognizes that licensees may choose to hire independent contractors for many reasons. While a licensee’s decision to hire an employee or an independent contractor does not involve the ROC, licensees should be aware of some ROC statutes that might impact this decision. The following ROC statutes establish grounds upon which a license can be disciplined.

• A.R.S. § 32-1154(A)(4) – Failure to comply with the statutes or rules governing social security, workers' compensation or unemployment insurance.

Registrar of Contractors

• A.R.S. § 32-1154(A)(9) – Aiding or abetting a licensed or unlicensed person to evade this chapter, knowingly or recklessly combining or conspiring with a licensed or unlicensed person, allowing one's license to be used by a licensed or unlicensed person or acting as agent, partner, associate or otherwise of a licensed or unlicensed person with intent to evade this chapter. • A.R.S. § 32-1154(A)(11) – Failure of a contractor to comply with any safety or labor laws or codes of the federal government, state or political subdivisions of the state. • A.R.S. § 32-1154(A)(13) – Knowingly entering into a contract with a contractor for work to be performed for which a license is required with a person not duly licensed in the required classification.

In summary, licensees that hire employees must comply with laws governing social security, workers' compensation, unemployment insurance, income taxes, and withholding taxes. Licensees that hire independent contractors must hire only ROC licensed subcontractors. Violation of any of these statutes may result in a license being suspended or revoked. Additionally, the licensure violation of aiding and abetting an unlicensed contractor in A.R.S. § 32-1154(A)(9) may also be a class 1 misdemeanor under A.R.S. § 32-1164(A).

A person hired through a Professional Employer Organization (PEO) is considered an employee of both the PEO and the licensee. On the one hand, the licensee must have the right to direct and control the person’s work and remains responsible for quality of that work. On the other hand, the PEO must be registered with the Secretary of State; must maintain a minimum of $100,000 of financial security or net worth; must pay proper wages, withhold payroll related and unemployment taxes; and is not a temp agency or someone who assigns employees to perform work for other organizations to cover employee absences, handle seasonal workloads, perform special projects, or who customarily attempts to reassign employees to other organizations when the individual completes each assignment. The co-employment relationship is contemplated as being a long term one in which all or a majority of the employees who provide services to a licensee are covered by the agreement. The PEO and the licensee must specify who is responsible for purchasing and maintaining workers’ compensation for the covered employees.

The table below lists factors that can help licensees evaluate whether a person is an employee or an independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another. The key is to look at the entire relationship and consider who has the right to direct and control the work. Where these factors point to the licensee as having control over the performance of job duties, or over the means and methods of performing the job, the individual is likely to be an employee. On the other hand, where these factors point to the independent contractor as having control over the performance of job duties, or over the means and methods of performing the job, the individual is likely to be an independent contractor. Licensees may want to consult competent legal advice for guidance in applying these factors.

Registrar of Contractors

Independent Contractor / Employee Evaluation Factors Independent Employee Contractor (check if (check if yes) no) Can the person determine the hours when the work is performed? Can the person hire others to perform the work? Does the person supervise their own work? Does the person direct the order or sequence in which work or projects are completed? Is the person responsible for the quality of the work performed? Does the person perform the work without any training from the employer? Does the person provide their own tools or materials? Can the person work for other clients at the same time? Is the person working as a legal business entity (e.g. Corporation, Limited Liability Company, Partnership)? Does the person have an ROC license for the work being performed? Does the person have an opportunity for profit or loss as a result of the labor or services provided? Is the person paid by a flat fee for the specific job or piece of work (not for the number of hours)? Is the person responsible for complying with laws governing social security, workers' compensation, unemployment insurance, income taxes, and withholding taxes? Does the person perform the work without receiving employee benefits; such as, insurance, pension plan, paid vacation, sick days, and disability insurance? Does the person have a reason to expect the relationship is only temporary (e.g. one that will not continue indefinitely)? Does the person perform work that is specialized or different from the work performed by the employer?

Complainant: Melissa Elaine Hoyt 2227 E. Ruby Lane PHOENIX, AZ 85024

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

C012 12/23 Respondent: A To Z Flooring Experts LLC 4714 w. Lindner dr. Glendale, AZ 85308

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

C012 12/23 October 8, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-10152

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Wednesday, October 16, 2024 at 09:00 AM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

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

C012 12/23 Case no. 2024-10152

Dan Edwards, 10/16/2024 1 2227 E. Ruby Lane CJSI PHOTOS

Bullnose tile not in- plane, grout joint at side varies from no space to approx. 1/8”

Bullnose tiles have been reinstalled, however, some issues remain throughout Case no. 2024-10152

Dan Edwards, 10/16/2024 2 2227 E. Ruby Lane CJSI PHOTOS

Snippet from prior photo, bullnose tile is installed out of plane and chipped at the bottom corner, grouted in place Case no. 2024-10152

Dan Edwards, 10/16/2024 3 2227 E. Ruby Lane CJSI PHOTOS

Bullnose tiles reinstalled at the west face (southern side of the countertop) exhibit lippage >1/32” Case no. 2024-10152

Dan Edwards, 10/16/2024 4 2227 E. Ruby Lane CJSI PHOTOS

Grout joint between reinstalled bullnose tiles (same location as photo no. 3) is poorly filled, grout not flush with surface of tiles, grout smeared onto tile surface Case no. 2024-10152

Dan Edwards, 10/16/2024 5 2227 E. Ruby Lane CJSI PHOTOS

Grout cracks still present, inside corner at the northern run of the countertop Case no. 2024-10152

Dan Edwards, 10/16/2024 6 2227 E. Ruby Lane CJSI PHOTOS

Grout cracks still present in countertop, west side Case no. 2024-10152

Dan Edwards, 10/16/2024 7 2227 E. Ruby Lane CJSI PHOTOS

Snippet of photo 6, zoomed in for clarity Case no. 2024-10152

Dan Edwards, 10/16/2024 8 2227 E. Ruby Lane CJSI PHOTOS

Grout still cracked in grout joints Case no. 2024-10152

Dan Edwards, 10/16/2024 9 2227 E. Ruby Lane CJSI PHOTOS

Tile reinstalled at the northeast corner of the southern countertop surface is chipped and appears grouted in place Case no. 2024-10152

Dan Edwards, 10/16/2024 10 2227 E. Ruby Lane CJSI PHOTOS

Tiles reinstalled along the southeast diagonal run of the countertop lack appropriate grout joint sizes (installation is 1/8” joints, these tiles are less than 1/16” apart) Case no. 2024-10152

Dan Edwards, 10/16/2024 11 2227 E. Ruby Lane CJSI PHOTOS

Tiles reinstalled along the southeast diagonal run of the countertop lack appropriate grout joint sizes (installation is 1/8” joints, these tiles are 1/16” apart) Case no. 2024-10152

Dan Edwards, 10/16/2024 12 2227 E. Ruby Lane CJSI PHOTOS

Complainant had fresh box of bullnose tile on site, tiles are uniform in their dimensions Case no. 2024-10152

Dan Edwards, 10/16/2024 13 2227 E. Ruby Lane CJSI PHOTOS

Complainant had fresh box of bullnose tile on site, tiles are uniform in their dimensions Complainant: Melissa Elaine Hoyt 2227 E. Ruby Lane PHOENIX, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Respondent: A To Z Flooring Experts LLC 4714 w. Lindner dr. Glendale, AZ 85308

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 Compliance Notes Case No.: 2024-10152 Investigator: Daniel Edwards Inspection Date: Wednesday, October 16, 2024 Inspection Time: 09:00 AM Respondent Not Present at Compliance Inspection: ☒ Compliance Inspection Not Conducted: ☐

Compliance Jobsite General Notes:

Present at inspection was Melissa Hoyt, complainant. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-720 digital voice recorder. Labelled photos included in case attachments labelled "20241016 CJSI Audio 2024- 10152."

Compliance Findings:

Complaint Item: 1 - Cracked grout in various areas causing tiles to loosen/fall off Investigator’s Initial Observation: Substantiated. Grout is cracking at the grout joints between the field of tiles and the bullnose edge tiles. Respondent shall correct by appropriate means. Compliance Observation: At compliance inspection, it was observed that respondent has attempted to re-grout the cracked grout joints throughout the installation, however, some cracked grout cracking still remains in multiple areas. Additionally, multiple grout joints were observed that appeared to have grout scraped out of the joints and replacement grout was not installed flush with the tile surfaces. Grout is smeared on the surface of bullnose tiles as well. Work does not appear to meet minimum standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☐ CORRECTED ☒ NOT CORRECTED

Complaint Item: 2 - Bullnose tiles are falling off around perimeter of the BBQ island Investigator’s Initial Observation: Substantiated. Multiple bullnose tiles around all sides of the countertop have delaminated and have fallen off of the countertop edges as of the date of inspection. Tiles are delaminating without mortar attached to the backs of the tiles, suggesting a 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 lack of proper bonding to the tile mortar. Respondent shall correct by appropriate means. Compliance Observation: Bullnose tiles have been reinstalled, however, new issues are present. Multiple tiles reinstalled during the course of repairs now exhibit lippage outside of the allowable tolerance of 1/32”, installed crooked and out of plane, a chipped tile was observed, and new grout joint sizes are not uniform (grout joints are 1/18” throughout the installation; new joints are 1/16” or less in some areas). Bullnose tiles themselves are consistent in their dimensions and this appears to be caused by the installer. Ultimately these issues are minor cosmetic concerns, however, work nonetheless does not appear to meet minimum standards. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4- 9-108(a): A contractor shall perform all work in a professional and workmanlike manner. ☐ CORRECTED ☒ NOT CORRECTED

Note:

Please review the complaint items listed above. If any of the items have not been corrected this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Daniel Edwards, Assistant Chief of Investigations 602 771 6788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 9/24 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Elaine Hoyt, Case No. 2024-10152 COMPLAINANT, v. A To Z Flooring Experts LLC CITATION License No. ROC 325582,

RESPONDENT.

The Registrar issues this Citation to A To Z Flooring Experts LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by November 12, 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 September 6, 2024, Melissa Elaine Hoyt (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(A) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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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 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). 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. 2024-10152. 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]

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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 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than November 12, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in 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. //

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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 Dated October 28, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 28, 2024 to:

Respondent Certified Mail No: [number redacted]

A To Z Flooring Experts LLC 4714 w. Lindner Dr. Glendale, AZ 85308 Copy mailed by USPS First Class mail this same date to:

Respondent A To Z Flooring Experts LLC 4714 w. Lindner Dr. Glendale, AZ 85308

Complainant Melissa Elaine Hoyt 2227 E. Ruby Lane Phoenix, AZ 85024

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. 2024-10152

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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 Daniel Edwards <[email redacted]>

AZROC - Scheduling Inspection Melissa Hoyt <[email redacted]> Tue, Sep 17, 2024 at 11:43 AM To: Daniel Edwards <[email redacted]>

Hi Dan, I have another item to add to my list for Thurs. It was noted in the letter I sent Gabriel, I just forgot to add it to my complaint. Are you able to add it please?

From: Daniel Edwards <[email redacted]> Sent: Wednesday, September 11, 2024 11:36 AM To: Melissa Hoyt <[email redacted]> Subject: AZROC - Scheduling Inspection

[Quoted text hidden] Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees