2023A-08231-CHC-ROC Notice of Hearing and Packet MAILED

2023A-08231-CHC-ROC · Registrar of Contractors · 2024-04-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Floyd Michael Patten , Case No. 2023-08231 COMPLAINANT, Docket No. 2023A-08231-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Titan Solar Power AZ Inc License No. ROC 334037,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

May 13, 2024 1:00 PM Tammy Eigenheer 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 February 26, 2024.

SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):

Charge: 1 A.R.S. § 32-1154(A)(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 April 1, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 1, 2024 to: Respondent(s) Titan Solar Power AZ Inc 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Andrew B. Kleiner, Esq. 2415 E. Camelback Rd., Suite 500 Phoenix, AZ 85016

Complainant(s) Floyd Michael Patten 1915 oliver dr. Bullhead, AZ 86442

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-08231 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

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

Katie Hobbs, Governor Martin Quezada, Director

● 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 documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The 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

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s 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 documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

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

2023-08231 TITAN SOLAR COMPLAINACE JOBSITE PHOTOS. 1-9-24

CJSI PHOTO No 1 No ceilings, no carpet, not complete.

N0 2 No 3 Complainant: Floyd Michael Patten 1915 Oliver dr. Bullhead, AZ 86442

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 July 28, 2023

Respondent: Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210

Complainant: Floyd Michael Patten 1915 Oliver dr. Bullhead, AZ 86442

Jobsite Inspection Notice Re: Complaint Number 2023-08231

Dear Complainant and Respondent:

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

 A jobsite inspection is scheduled for August 17, 2023 at 12:00 PM.  The Complainant is required to be present.  The Respondent’s attendance is requested and encouraged.  The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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.

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, /s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 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 05/21 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 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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 05/21 2023-08231 TITAN SOLAR vs. Floyd Pattern 1951 Oliver Dr. Bullhead City AZ. 8-17-23

p-01

P-02

Structure is a single wide mobile home with an almost equal size site built addition. Mobile and addition are older structurers P-03

There is ceiling staining and damage throughout the house.

P-04

ROC unable to determine when any of this damage occurred. P-05

P-06 P-07

P-08 P-09

R has removed the solar panels over addition so roofing can be corrected.

P-10

Dirt on roof suggests that the roof sags and holds water in area of removed solar panels. P-13

P-14 P-15

P-16

“Marriage line” between mobile and addition appears to be a potential leaker. P-17

P-18 P-19 Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Titan Solar Power AZ Inc. 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 February 7, 2024

Respondent: Titan Solar Power AZ Inc. 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

Case No.: 2023-08231 Investigator: Cliff Corlett Inspection Date: January 9, 2024 Inspection Time: 1:30pm

Compliance Jobsite General Notes: On Sept 28, 2023 the Register of Contractors issued a Written Directive for the Re4spondent to properly correct the verified complaint items from the formal complaint submitted by Floyd M. Patten on July 20, 2023. That directive had a Compliance due date of October 13, 2023. The parties did work together and agreed to extentions for completion.

On or about December 6, 2023 the ROC received a letter from Complainant that work was not complete.

On January 2, 2024 the3 ROC issued a Notice of Compliance Inspection meeting set for January 9, 2024 at 1:30PM. January 9, 2024 the Respondent, Complainant and the ROC met at 1915 Oliver Dr. Bullhead City and the Respondent had completed the exterior repairs and the interior was still in need of completion. No ceiling, no floor covering.

Compliance Findings: RESPONDENT IS NOT IN COMPLIANCE

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection 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. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Sincerely,

/s/ Cliff Corlett Cliff Corlett ROC Investigator #167 1700 Washington St. Ste. 105 Phoenix, AZ. 85007-2812 Cell (928) 323-4739 Phone (928) 637-0483 e-mail: [email redacted] website: roc.az.gov

CC: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

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

C012 05/21 Respondent: Titan Solar Power AZ Inc. 2222 E Yeager Dr. Suite 100 Chandler, AZ 85286

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

C012 05/21 January 2, 2024

Respondent: Titan Solar Power AZ Inc. 2222 E Yeager Dr. Suite 100 Chandler, AZ 85286

Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-08231

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for January 9, 2024 at 1:30 PM 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,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: File

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

C012 05/21 Jobsite Inspection Notes

Case No.: 2023-08231 Investigator: Cliff Corlett Inspection Date: August 17, 2023 Inspection Time: 12:00 PM

Complainant: Floyd Michael Respondent: Titan Solar Power AZ Patten Inc Not Present: Not Present:

Jobsite General Notes:

Complaint Item: 1 - Roof isn't fixed. Investigator’s Observation: Respondent agreed to correct roof leaks at onsite inspection meeting. RESPONDENT SHOLULD CORRECT BY APPROPRIATE METHODS. 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.

Complaint Item: 2 - Interior ceilings have water damage, Investigator’s Observation: Respondent agreed to correct ceiling damage at onsite inspection meeting. RESPONDENT SHOLULD CORRECT BY APPROPRIATE METHODS. 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 3 - Cracked wall and add-on needs leveling. Investigator’s Observation: Insufficient evidence to support allegations regarding wall and add on leveling. NO CONTRACTOR ACTION REQUIRED. Governing Rule:

Complaint Item: 4 - Time fr4ame over 270 days.Greenline.com is a third party for Titan. I'm paying for a 2200 kwh system and received a 7.2 kwh system. $30,256.48 needs to lower the price (misled me) lied. Investigator’s Observation: The ROC has no jurisdiction over finance companies. The Titan Contract calls for a 7,200.00 kwh system. NO CONTRACTOR ACTION REQUIRED. Governing Rule:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 28, 2023

Respondent: Titan Solar Power AZ Inc. 525 W Baseline Rd Mesa, AZ 85210

Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

License No. ROC 334037

Re:Complaint No. 2023-08231

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 or before October 13, 2023.

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 reasons1, 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

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 04/21 You are directed to remedy the following violations by the appropriate means:

Compliance Item: 1 - Roof isn't fixed. Investigator’s Observation: Respondent agreed to correct roof leaks at onsite inspection meeting. RESPONDENT SHOLULD CORRECT BY APPROPRIATE METHODS. 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.

Compliance Item: 2 - Interior ceilings have water damage, Investigator’s Observation: Respondent agreed to correct ceiling damage at onsite inspection meeting. RESPONDENT SHOLULD CORRECT BY APPROPRIATE METHODS. 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. ====================================================== =====

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

Compliance Item: 3 - Cracked wall and add-on needs leveling. Investigator’s Observation: Insufficient evidence to support allegations regarding wall and add on level. NO CONTRACTOR ACTION REQUIRED.

Compliance Item: 4 - Time fr4ame over 270 days.Greenline.com is a third party for Titan. I'm paying for a 2200 kwh system and received a 7.2 kwh system. $30,256.48 needs to l;ower the price (misled me) lied. Investigator’s Observation: The ROC has no jurisdiction over finance companies. The Titan Contract calls for a 7,200.00 kwh system. NO CONTRACTOR ACTION REQUIRED.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

/s/ Cliff Corlett Cliff Corlett, Investigator #167 928 323-4739 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

CC: file

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 February 7, 2024

Respondent: Titan Solar Power AZ Inc. 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Complainant: Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

Case No.: 2023-08231 Investigator: Cliff Corlett Inspection Date: January 9, 2024 Inspection Time: 1:30pm

On or about December 6, 2023 the ROC received a letter from Complainant that work was not complete.

Compliance Findings: RESPONDENT IS NOT IN COMPLIANCE

/s/ Cliff Corlett Cliff Corlett ROC Investigator #167 1700 Washington St. Ste. 105 Phoenix, AZ. 85007-2812 Cell (928) 323-4739 Phone (928) 637-0483 e-mail: [email redacted] website: roc.az.gov

CC: File

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Floyd Michael Patten Case No. 2023-08231 COMPLAINANT, v. Titan Solar Power AZ Inc CITATION License No. ROC 334037,

RESPONDENT.

The Registrar issues this Citation to Titan Solar Power AZ Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 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 July 20, 2023, Floyd Michael Patten (“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. 2023-08231. 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 March 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 February 26, 2024. By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, February 26, 2024 to:

Respondent Certified Mail No: [number redacted]

Titan Solar Power AZ Inc DBA: 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Copy mailed by USPS First Class mail this same date to: Titan Solar Power AZ Inc 2222 E Yeager Dr Suite 100 Chandler, AZ 85286

Complainant Floyd Michael Patten 1915 Oliver Dr. Bullhead, AZ 86442

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. 2023-08231 / MTH

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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 Received 3/12/2024 ROC Legal

Julie E. Maurer AZ State Bar No. 000000 [email redacted] Andrew B. Kleiner AZ State Bar No. 034479 [email redacted] HUSCH BLACKWELL LLP 2415 E. Camelback Road, Suite 500 Phoenix, Arizona 85016 Telephone: 480.824.7900 Facsimile: 480.824.7905 Attorneys for Titan Solar Power AZ, Inc.

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA 2415 E. CAMELBACK RD, SUITE 500, PHOENIX, AZ , 85016

Floyd Michael Patten Case No. 2023-08231 COMPLAINANT, HUSCH BLACKWELL LLP

WRITTEN ANSWER TO CITATION vs. AND COMPLAINT (480-824-7890)

Titan Solar Power AZ, Inc. License No. ROC 334037, RESPONDENT.

Titan Solar Power AZ, Inc. (“TSP” or “Titan”) hereby files its Written Answer to the Registrar of Contractors’ (“ROC”) Citation and Complaint re Floyd Michael Patten, by and

through its counsel undersigned. TSP denies violating any of the statutes outlined in Charges

1 and 2 of the ROC Citation and the related Complaint that Floyd Michael Patten and his

wife filed (the “Pattens”). TSP has always performed its work at the Pattens’ house

professionally and in a workmanlike manner. Although the installation of solar panels on

the Pattens’ roof caused a roof leak, TSP has worked reasonably and persistently to repair

and remedy all issues at the Pattens’ house. TSP also denies neglecting to respond to the

Directives and failing to complete corrective action at the Pattens’ house on time. Factors

beyond TSP’s control delayed the completion of the work at the Pattens’ home (the

“Project”). Contractors refused to work on the Pattens’ home due to the poor and unsafe

conditions the Pattens and previous workers created before TSP installed any solar panels.

Received 3/12/2024 ROC Legal

The Pattens themselves caused delays by turning workers away, not returning phone calls,

failing to schedule work, and generally not cooperating. Other unrelated weather events and

water intrusions, not connected to TSP’s work on the Project, also caused delays.

Nevertheless, TSP has worked diligently to address all issues and even arranged for the

Pattens to stay in an Airbnb for a month to complete significant repairs as part of the Project,

only to discover that the Pattens had destroyed the Airbnb and stolen property from it. The

scope of the Project was much larger than both TSP and the ROC anticipated, making it

impossible to complete repairs and remediation within the original 13-day window that the 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

ROC provided. However, TSP continues to communicate with the ROC and the Pattens and

remains committed to finalizing the Project if the Pattens will allow work to proceed at their

house.

For these reasons, TSP requests that the ROC find that TSP has not violated the HUSCH BLACKWELL LLP

statutes outlined in Charges 1 and 2. (213) 337-6550

I. Factual Background On July 20, 2022, Mr. Patten entered a contract with TSP for the installation of a 7,200 KW solar system at his home at 1915 Oliver Drive, Bullhead City, AZ 86442. TSP was to install 18 solar panels on Mr. Patten’s roof. The Patten’s house is a 721 square foot mobile/manufactured home that was built in 1969.

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The solar panel installation commenced on December 21, 2022, and lasted until February 28, 2023. Final Inspection passed on May 5, 2023, and the solar system was

commissioned on May 12, 2023.

The following is a timeline of pertinent events related to the Patten’s Complaint to the ROC:

 January 23, 2023, the Pattens complained of a roof leak.  January 25, 2023, TSP spoke to the Pattens about the leak and scheduled roof repair for 1/31/2023. 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

 February 9, 2023, TSP informed the Pattens that solar panels would be moved to the north side of the home. The Pattens said they previously told the Sales Rep. he had concerns about the panel locations, but no change order was submitted by the Sales Rep. or the Pattens. HUSCH BLACKWELL LLP

 February 15, 2023, solar panels were scheduled to be moved on 2/27/2023. (213) 337-6550

 February 23, 2023, Sales Rep. explained to the Pattens that panels have to be moved to make roof repairs.  February 28, 2023, solar panel install completed.  March 1, 2023, the roof leak investigation was completed.  March 1, 2023, TSP explained to the Sales Rep that a contractor is being hired to fix the interior of the home.  March 24, 2023, the contractor hired by TSP to repair interior damage refused to work due to the condition of the Patten’s house, the condition of the ceiling is so bad (pre-existing the leak and mold is present) that repairs would end up in an endless loop of problems. o See photos attached as Exhibit A.  March 28, 2023, leak persists and repairs on hold to conduct further investigation of new leak.  April 6, 2023, the Pattens allege that the home is leaking “black water.”  April 14, 2023, inspection of the roof and quote received. Separate contractor

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tests the house for mold.  April 20, 2023, Roofer says the old roof was bad. Roofer will need to do a full roof replacement on this section to bring the entire roof up to code.  May 2, 2023, asbestos test came back negative.  May 3, 2023, TSP requests the Roofer commence work.  June 12, 2023, the Pattens refuse to allow Roofer to commence work, demanding a Torch Down roof instead of the TPO1 roof the contractor quoted. The Roofer called for TPO because of the risks of pooling water. Torch Down 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

does not have the protection to keep pooling water from seeping in.  June 19, 2023, TSP contacts Fresh Home Solutions to inquire about installing a Torch Dow roof. Fresh Home Solutions explained: They use a 2 ply Self Adhered system. Same make up as torch down (rolled asphalt with granules) HUSCH BLACKWELL LLP

just not heat applied because it’s a peel and stick material. “Based on (213) 337-6550

examination of photos of the Patten’s roof, there are some pretty good waves in this roof. It looks like the Pattens may have installed the shingles and it leaked really bad (shingles need slope) so he covered it with coating (hence the black mold inside). Instead of covering up the Patten’s poor fix, the whole roof needs to be removed down to the roof joists and re-decked. A whole new roof with come with a full warranty. But there is no way all the black mold came from a puncture in the roof during solar install. You can tell the Pattens covered up a leaking roof with a coating and he has been dealing with leaks ever since. Also expressed concern the house is not up to code, the rafters appear to be spaced too far apart.”

TPO (thermoplastic polyolefin) is a single-ply white membrane used in both commercial and

residential roofing. Due to TPO being a white membrane, it reflects heat instead of absorbing it. If you have a flat roof or a low-slope dormer over a bedroom, TPO is a great option because it’ll keep the room below cooler.

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 July 3, 2023, TSP agrees that since it was partially responsible for the leak a whole re-roof is required, but if the rafters are out of code the Pattens will have to assume that cost.  August 1, 2023, TSP received the Patten’s ROC Complaint.  August 7, 2023, the Pattens are unresponsive to attempts to continue roof repair.  August 8, 2023, the Pattens allows roof work to continue.  August 11, 2023, 7 solar panels removed to continue roof repair. 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

 August 17, 2023, Fresh Home Solutions informs TSP that roof work is scheduled for August 29th.  August 30, 2023, Fresh Home Solutions completed the roof work and received final inspection. Roof is ready for solar panel install. HUSCH BLACKWELL LLP

 August 16, 2023, TSP submitted a response to ROC on 8/11/2023 but no (213) 337-6550

response from ROC.  August 18, 2023, TSP contacted ROC asking if any further action is needed. (as of August 26, 2023 no response from ROC).  September 1, 2023, still no response from ROC.  September 7, 2023, note received from the Pattens claiming the roof was not installed correctly and that the roofer replaced 25 sheets of plywood decking without asking him or TSP before. Due to a musty odor the Pattens had to stay in a hotel.  September 8, 2023, response: the Pattens and TSP knew about the removal of the plywood decking because it was included in the quote provided to TSP and the Pattens. A further water test will be scheduled to address the new complaint of the roof still leaking.  September 8, 2023, Fresh Home Solutions will get someone out to water test tomorrow. Per FSH: “Everything was installed correctly, and we showed him this onsite. I will be reaching out to [Mr. Patten] today to go over the progress

Received 3/12/2024 ROC Legal

photos and explain to him that we installed the roof per manufacturer specs and will honor our warranty on it. As far as the musky smell, there were leaks on this home previously and appear to be mold inside the home.”  September 12, 2023, drywall contractor confirmed to start on 9/14/2023 and confirmed with the Pattens.  September 14, 2023, the Pattens will not allow drywall repairs to commence. “The roofer needs to come back out to fix the roof. Once that is done, then drywall can be taken care of.” 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

 September 22, 2023, TSP confirmed solar reinstall date for 10/6/2023.  October 3, 2023, 1st Call Restoration will go to the Pattens home on 10/4/2023 to inspect and provide an estimate for interior remediation.  October 3, 2023, ROC issued Notice to Correct on 10/1/2023 and TSP HUSCH BLACKWELL LLP

received it on 10/4/2023. Respond by 10/13 with confirmation of compliance. (213) 337-6550

 October 11, 2023, ceilings in bedroom and dining room need to come out.  October 12, 2023, TSP contacts ROC to request extension (no response received). TSP explained it had completed all but one directive, that being mold remediation which was in process of being scheduled. See Exhibit B.  October 26, 2023, TSP informed the Pattens that 1st Restoration will commence interior remediation on 10/30/2023 at 8:30 am. Scope: “set up containment in dining room and master bedroom, remove ceiling drywall, affected insulation or all insulation, carpet and pad, cleanup and pull air sample. If non contained area is within limits we can move forward with mold remediation, I will advise at the time of demo if partial for full mold remediation.”  October 27, 2023, TSP arranges and pays to place the Pattens in an Airbnb from 10/30/2023 to 11/30/2023. o the Pattens destroyed the Airbnb. Cat urine on beds, couches, floors; cat feces on the floors of the home. Furniture stained, damaged, ruined.

Received 3/12/2024 ROC Legal

Garbage everywhere, refrigerator is broken and drawers stolen. The Pattens broke into the secured garage. o the Pattens burned holes in many furniture items. Burned holes in flooring. o the Pattens stole and ruined all towels. the Pattens tore the carpets and burned holes in the kitchen flooring. o the Pattens stole Dyson vacuum. o Airbnb filed a police report against the Pattens. 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

o See text messages from Airbnb owner attached as Exhibit C; see also video attached as Exhibit D.  November 28, 2023, Request to Respond received from ROC. “Please submit written response as to status of the case.” HUSCH BLACKWELL LLP

 December 4, 2023, TSP receives Request to Respond from 11/28. (213) 337-6550

 December 6, 2023, TSP provides Directive Response to the 11/28 ROC Request to Respond with update. Roof repairs completed on 9/22/2023 by Advosy Construction. Solar panels reinstalled on 10/6/2023. Mold remediation executed in November 2023 by 1st Call Restoration. Housing was provided to the Pattens and are planning for completion of the Project by December 31, 2023. See Exhibit E.  December 6, 2023, Investigator Corlett responds and explains the Pattens are unhappy and provides a December 3, 2023, letter from the Pattens to TSP.  December 6, 2023, TSP responds and requested if Mr. Corlett requires an update by a date certain (no response).  December 28, 2023 – January 5, 2024, Riviera Flooring contacts the Pattens to schedule flooring selection. No response.  January 2, 2024, ROC Complaint with inspection scheduled 1/9/2024 at 1:30 pm.

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 January 5, 2024, Riviera notifies TSP that Mrs. Patten will select carpet o 1/8/24 and schedules floor measurements for 1/10/24.  January 9, 2024, ROC inspection and ROC issues citation because work was not completed within 10/1/2023 - 10/13/2023 timeframe.  January 9, 2024, TSP emails Mr. Corlett to clarify misunderstanding that TSP had reported the entire Project had been completed. TSP never reported the Project was complete. TSP explained that it continued to email and correspond with Mr. Corlett with updates and requests for extensions but never received 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

any responses. TSP reported it hoped to complete the Project by January 24, 2024. See Exhibit F.  January 9, 2024, interior repairs scheduled for 1/16/2024.  January 16, 2024, interior repair contractor (Arturo) is turned away by the HUSCH BLACKWELL LLP

Pattens, not permitted to start work. (213) 337-6550

 January 17, 2024, Arturo goes to the Pattens to do interior repairs, no one home and the Pattens unresponsive to calls. TSP’s Associate General Counsel tries to inform Investigator Corlett about the Pattens failure to cooperate.  January 18, 2024, TSP’s Associate General Counsel explains to Mr. Corlett that the Pattens prevented interior repair contractor to complete work and causing delays. Mr. Corlett does not care (not his exact words) and faulted TSP for not completing work in October 2023.  January 24, 2024, Riviera Flooring informs TSP that the Pattens finally selected carpet, but Mrs. Pattens’ carpet choice will take 3-5 weeks to order and deliver.  February 6, 2024, the Pattens complain about a new leak, roofers scheduled for inspection the following day.  February 7, 2024, roof inspection is cancelled due to weather.  February 12, 2024, Roofers perform inspection and conclude that roof was not the source of water leak.

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 February 13, 2024, Mrs. Patten contacts Riviera Flooring to report new leak and cancels flooring install. Riviera tried to call back to reschedule, and Mrs. Patten’s phone number is “no longer in service.”  February 15, 2024, Roofer provides additional information on 2/12 inspection concluding that new water leak is not solar related. The leak is caused by a house framing issue due to how the house was built. The decline was built backwards. Water runs towards the walls not away, finds a way into the home through the wall. 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

 February 22, 2024, TSP emails the Pattens and informs them that they promptly responded to new leak claim and hired Fresh Home Solutions/roofer to inspect. Roofer concluded the leak is unrelated to solar. Riviera will contact you to schedule flooring install. HUSCH BLACKWELL LLP

o Mrs. Patten responds: “I will decide if n when I talk to flooring good (213) 337-6550

luck on your career as an asshole.” See Exhibit G.  February 27, 2024, TSP asks Riviera contact the Pattens to schedule install.  February 28, 2024, Riviera shows up to perform install a scheduled and the Pattens turn Riviera away because “today is not a good day.”  March 4, 2024, TSP emails letter to the Pattens that Riviera informed them that it was denied access to install flooring as scheduled on 2/28. TSP requests that the Pattens respond and coordinate install of flooring within three days.  March 6, 2024, the Pattens schedule flooring install with Riviera. See Exhibit H.  March 7, 2024, Riviera informs TSP that the Pattens again cancelled flooring install because they failed to move bedroom furniture. Mrs. Patten claims her husband beat her up and they could not get it moved. Riviera employee did not observe any physical injuries, but Mrs. Patten appeared intoxicated. Riviera is charging TSP an additional $50 because the Pattens have cancelled at the door three times now. Riviera is booked for the next week.

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II. Response to Charge 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) 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.

TSP denies the allegations in Charge 1. TSP performed all work at the Pattens’ house in a professional and workmanlike manner. Although a water leak resulted from TSP’s

installation of the solar panels at the Patten’s house, TSP has responded timely and

professionally in repairing, replacing, and remediating any issues existing at the Pattens 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

house.

The Pattens house is quite old and as evidenced by the photos in Exhibit A, attached hereto, was in terrible condition when the roof leak started. The roof leak merely uncovered

years of poor or no maintenance by the Pattens and negligent construction or repairs to the HUSCH BLACKWELL LLP

home that TSP was not aware of until the roof leak manifested. Notwithstanding, TSP has (213) 337-6550

patiently worked with the Pattens to complete all work on the Project, despite the Pattens’

continued obstruction, delays, and unprofessional behavior.

As outlined by the events described in Section I above, TSP has and continues to perform in a professional and workmanlike manner. Therefore, TSP requests that the ROC

conclude TSP did not violate A.R.S. § 32-1154(A)(3), namely R4-9-108(a).

III. Response to Charge 2 A.R.S. § 32-1154(A)(22) 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.

When TSP was notified of the roof leak by the Pattens on January 23, 2023, it

immediately responded to perform an inspection. The leak persisted and TSP hired roofers

Received 3/12/2024 ROC Legal

and remediation companies to address all the issues, even though much of the ceiling damage

or mold was pre-existing due to the Patten’s un-licensed roof repairs and overall poor

maintenance and living habits.

Throughout the process, TSP has been in constant contact with ROC and requested whether further information or updates were required and by when, only to receive no

responses. Even so, TSP provided multiple updates and status reports to ROC explaining

why the Project has been delayed due to factors outside of its control.

TSP tried to work with the Pattens to remediate these issues as quickly as possible, 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

but the Pattens have turned away contractors or cancelled the day of when work had been

confirmed to commence. The Pattens have caused much of the delays, which have been

compounded by subsequent leak discoveries even though not related to TSP’s work.

TSP has tried to complete the Project as quickly as possible but due to factors outside HUSCH BLACKWELL LLP

of its control have ben unable to do so. TSP has taken appropriate corrective actions and (213) 337-6550

constantly reported to ROC on the status of the Project. Therefore, TSP requests that the

ROC conclude that TSP has complied with A.R.S. § 32-1154(A)(22).

DATED this 12th day of March 2024. HUSCH BLACKWELL

By: ___/s/ Andrew Kleiner Andrew Kleiner Attorneys for Respondent Titan Solar Power CA, Inc.

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ORIGINAL efiled this 12th day of March 2024 with: AZ REGISTRAR OF CONTRACTORS COPIES emailed this 12th day of March 2024 to:

[email redacted]

/s/Andy Kleiner 2415 E. CAMELBACK ROAD, SUITE 500, PHOENIX, ARIZONA 85016

HUSCH BLACKWELL LLP

(213) 337-6550

Received 3/12/2024 ROC Legal B. Sanchez 2222 E Yeager Dr Suite 100 Chandler, AZ 85286 [email redacted]

VIA E-MAIL AND CERTIFIED MAIL ONLY

December 6, 2023

Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix AZ 85007-2812

RE: Complaint No. 2023-08231 Our File No.:TSP135260

Dear Investigator Corlett,

I am reaching out on behalf of Titan Solar Power AZ, Inc. ("TSP") to provide you with an update on the progress related to the written directives issued by the Arizona Registrar of Contractors (ROC) for Complaint No. 2023-08231, filed by Floyd Patten (the "Complainant").

In accordance with your instructions, TSP has successfully fulfilled the following directives:

Roof repairs were completed on September 22, 2023, by Advosy Construction. Solar panels were reinstalled on October 6, 2023. Mold Remediation was successfully executed in November 2023, by 1st Call Restoration LLC.

Furthermore, housing accommodations were provided to the Complainant during the period of repairs and. we anticipate the completion of all repairs by or before December 31, 2023. Throughout this process, the Complainant has been kept informed, and TSP is dedicated to ensuring complete satisfaction.

If you have any further inquiries or require additional information, please feel free to contact me by phone at (480) 566-0152 or via email at [email redacted].

Thank you for your attention to this matter.

Regards, /s/ Berenice Sanchez

Berenice Sanchez Paralegal Titan Solar Power Encls. cc: [email redacted] Received 2/29/24, 2:31 PM Titan Solar Power Mail - Floyd Patten 3/12/2024 ROC Legal

Berenice Sanchez <[email redacted]>

Floyd Patten message

Jenna Murphy <[email redacted]> Tue, Jan 9, 2024 at 4:33 PM To: [email redacted] Cc: Alexys Romero <[email redacted]>, Berenice Sanchez <[email redacted]>, Raul Gonzalez <[email redacted]>, Samantha Jones <[email redacted]>

Dear Mr. Corlett,

I trust this message finds you well. Following your recent meeting with Raul Gonzalez concerning the Floyd Patten project, Raul has shared an update with our legal team. In light of this information, I aim to provide some clarification on the project's status and the outcome of today's meeting.

In Raul's update, it seems there may have been a misunderstanding regarding the project's completion and the associated timelines. According to Raul, you believed, based on Titan's prior communication, that the Patten project was finished. Due to this misconception and the project's actual incomplete state, you are considering referring the matter to the Attorney General's Office. I want to emphasize that, at no point, has Titan communicated that the project is complete.

Rather, upon receiving the initial deadline, Titan provided a status update on October 12, 2023, and requested an extension. Additionally, on December 6, 2023, a second email was sent to you outlining the updated progress made as well as what remained to be completed. I have attached both referenced emails, along with the accompanying letters, for your reference.

Although the second email expressed our hope to finish the project by December 31, 2023, unforeseen complications caused a delay beyond that anticipated completion date. However, in the last seven days, we have successfully secured a flooring contractor and arranged for the drywall work to be completed by the end of next week. Additionally, I am working with the drywall contractor to determine if they can address all other outstanding items. If they are unable to do so, we will promptly find a subcontractor to ensure completion as soon as possible.

Our target is to have the Pattens' home ready for occupancy by or before January 24, 2024.

I trust that this clarification alleviates any concerns and allows us to halt the Attorney General's referral. Titan is committed to completing the necessary repairs promptly, ensuring the Pattens can return to their home sooner rather than later. Please confirm the receipt of this email and let me know if this information alters the outcome of today's site visit.

Thank you for your attention to this matter.

Jenna Murphy Associate General Counsel [email redacted]

www.titansolarpower.com

---------- Forwarded message ---------- From: Berenice Sanchez <[email redacted]> https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/4 Received 2/29/24, 2:31 PM Titan Solar Power Mail - Floyd Patten 3/12/2024 To: [email redacted] ROC Legal Cc: Jenna Murphy <[email redacted]>, Titan Legal Department <[email redacted]> Bcc: Date: Wed, 6 Dec 2023 11:06:27 -0700 Subject: Complaint # 2023-08231 - Response Good morning Mr. Corlett,

Attached please find our response to your written direction request.

We have mailed a hard copy to the address we have on file: 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Please let us know you've received this.

If you have any questions, please reach out to Jenna Murphy Esq. [email redacted]

Thank you. -- Berenice Sanchez Paralegal 480-566-0152 [email redacted]

AZ #334037 | CA #1062072 | CO #EC.0101592 | CT #HIC.0659917 | FL #EC13011675 | GA #EN.217911 | IL #ECC95923 | KS #2022-0010440 | LA #CL.72676 | MD #14480 | MO #[number redacted] | MS #24105-MC | NC #U.34445 | NJ #13VH11406000 | NM #393719 | NV #84903 | OH #EL.48730 | PA #PA.170791 | SC #CLM.115504 | TN #75667 | TX #32912 | UT #11674728-5501 | VA #[number redacted] | WI #1537311

---------- Forwarded message ---------- From: Berenice Sanchez <[email redacted]> To: [email redacted] Cc: Jenna Murphy <[email redacted]> Bcc: Date: Thu, 12 Oct 2023 10:31:30 -0700 Subject: Complaint # 2023-08231 - Response Good morning Mr. Clorett.

My name is Berenice Sanchez. I am a paralegal with Titan Solar. Attached please find: The Written Directive from the Registrar and Titan's response to the directive.

Thank you for your attention to this matter.

Warm Regards, -- Berenice Sanchez Paralegal Direct Line: (480) 566-0152 [email redacted]

https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/4 Received 2/29/24, 2:31 PM Titan Solar Power Mail - Floyd Patten 3/12/2024 ROC Legal

---------- Forwarded message ---------- From: Berenice Sanchez <[email redacted]> To: [email redacted] Cc: Jenna Murphy <[email redacted]>, Titan Legal Department <[email redacted]> Bcc: Date: Wed, 6 Dec 2023 11:06:27 -0700 Subject: Complaint # 2023-08231 - Response Good morning Mr. Corlett,

Attached please find our response to your written direction request.

We have mailed a hard copy to the address we have on file: 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

Please let us know you've received this.

If you have any questions, please reach out to Jenna Murphy Esq. [email redacted]

Thank you. -- Berenice Sanchez Paralegal 480-566-0152 [email redacted]

---------- Forwarded message ---------- From: Berenice Sanchez <[email redacted]> To: [email redacted] Cc: Jenna Murphy <[email redacted]>

https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 3/4 Received 2/29/24, 2:31 PM Titan Solar Power Mail - Floyd Patten 3/12/2024 Bcc: ROC Legal Date: Thu, 12 Oct 2023 10:31:30 -0700 Subject: Complaint # 2023-08231 - Response Good morning Mr. Clorett.

My name is Berenice Sanchez. I am a paralegal with Titan Solar. Attached please find: The Written Directive from the Registrar and Titan's response to the directive.

Thank you for your attention to this matter.

Warm Regards, -- Berenice Sanchez Paralegal Direct Line: (480) 566-0152 [email redacted]

attachments Directive Response 12.5.23 Floyd Patten.docx.pdf 101K Directive Response 12.5.23 Floyd Patten.docx.pdf 101K Complaint # 2023-08231 - Response (1).eml 151K Directive Response Floyd Patten_FINAL.docx.pdf 110K 2023-08231-Written Directive -TITAN SOLAR (1).pdf 131K Directive Response Floyd Patten_FINAL.docx.pdf 110K Complaint # 2023-08231 - Response.eml 341K 2023-08231-Written Directive -TITAN SOLAR (1).pdf 131K

https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 4/4 Received 2/29/24, 2:17 PM Titan Solar Power Mail - Roof Leak Update 3/12/2024 ROC Legal

Berenice Sanchez <[email redacted]>

Roof Leak Update messages

Berenice Sanchez <[email redacted]> Thu, Feb 22, 2024 at 1:06 PM To: Floyd Patten <[email redacted]> Cc: Jenna Murphy <[email redacted]>

Dear Mr. Patten,

You and your wife reported a leak a couple weeks ago and in response, we promptly engaged the services of Fresh Home Solutions, a roofing company, to conduct a thorough inspection. Their assessment concluded that the source of the leak is unrelated to our solar installation.

Furthermore, I would like to inform you that the flooring company will be notified to contact you and coordinate the installation of the carpet.

Thank you for your attention to this matter.

Regards,

-- Berenice Sanchez Paralegal 480-566-0152 [email redacted]

Berenice Sanchez <[email redacted]> Thu, Feb 22, 2024 at 1:09 PM To: "[email redacted]" <[email redacted]>

[Quoted text hidden]

Michele Floyd <[email redacted]> Thu, Feb 22, 2024 at 1:41 PM To: Berenice Sanchez <[email redacted]>

Not the case they told me differently so you have to have three companies come out roc have been contacted so let’s see ur ass is getting fined and sued I will b sending the recorded visit of your people that c came out they agreed so I’ll send it to corporate like I was told

[Quoted text hidden] [Quoted text hidden]

AZ # 334037 | CA # 1062072 | CO # EC.0101592 | FL # EC13011675 | GA # EN217911 | ID #066338 | IL # ECC95923 | LA # CL.72676 | MD # 14480 | MO # [number redacted] | MS # 24105-MC | NC # U.34445 | NJ # 13VH11406000 | NM # 393719 | NV # 84903 | OH # EL.48730 | SC # 115504 | TN #75667 | TX # 32912 | UT # 11674728-5501 | VA #[number redacted]

Berenice Sanchez <[email redacted]> Thu, Feb 22, 2024 at 1:42 PM https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r6719240080369663879&sim… 1/2 Received 2/29/24, 2:17 PM Titan Solar Power Mail - Roof Leak Update 3/12/2024 ROC Legal To: Jenna Murphy <[email redacted]>, Nathan Rangel <[email redacted]>, Samantha Jones <[email redacted]>

[Quoted text hidden]

Michele Floyd <[email redacted]> Thu, Feb 22, 2024 at 1:42 PM To: Berenice Sanchez <[email redacted]>

And furthermore I will decide if n when I talk to flooring good luck on your career as an asshole [Quoted text hidden]

Berenice Sanchez <[email redacted]> Thu, Feb 22, 2024 at 1:43 PM To: Jenna Murphy <[email redacted]>, Samantha Jones <[email redacted]>

---------- Forwarded message --------- From: Michele Floyd <[email redacted]> Date: Thu, Feb 22, 2024 at 1:43 PM Subject: Re: Roof Leak Update To: Berenice Sanchez <[email redacted]>

[Quoted text hidden] [Quoted text hidden]

https://mail.google.com/mail/u/0/?ik=1e349b0247&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r6719240080369663879&sim… 2/2 Received 3/12/2024 ROC Legal B. Sanchez 2222 E Yeager Dr Suite 100 Chandler, AZ 85286 [email redacted]

VIA E-MAIL AND CERTIFIED MAIL/RETURN RECEIPT

October 12, 2023

Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix AZ 85007-2812

RE: Complaint No. 2023-08231 Our File No.:TSP135260

Dear Investigator Corlett,

Titan Solar Power AZ, Inc. (“TSP”) is writing to inform you of the status of the written directives issued by the Arizona Registrar of Contractors (ROC) for Complaint No. 2023-08231 filed by Floyd Patten (the “Complainant”).

As of October 12, 2023, TSP has completed all of the following directives. This includes:

● Advosy Construction, a third party subcontractor, who completed all roof repairs on September 22, 2023. ● Panels were reinstalled on October 6, 2023.

At this time, there is one portion of the directive that still has not been completed. We are presently working with 1st Call Restoration LLC to get a quote for mold remediation. Then we will be able to correct the water damage in the ceiling. This directive is currently in progress and we anticipate its completion by or before November 3, 2023. For this reason, TSP would like to request an extension for the completion of the final directive.

TSP has contacted the Complainant to inform him that we are presently working on addressing the water damage. TSP will also ensure his complete satisfaction on the fulfillment of each of the ROC’s directives.

If you have any further questions or require additional information, please contact me at my office phone number, (480) 566-0152 or via email [email redacted]. TSP and I stand ready to take all reasonable steps to resolve this matter on behalf of the Complainant.

Regards, /s/ Berenice Sanchez

Berenice Sanchez Paralegal Titan Solar Power Encls. cc: [email redacted] Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal

VIA ELECTRONIC AND CERTIFIED MAIL

March 4, 2024

Mr. and Mrs. Floyd Patten 1915 Oliver Drive Bullhead City, AZ 86442

Re: TSP135260 | Floyd Patten

Mr. and Mrs. Patten,

Titan Solar Power AZ, Inc. has been notified of your refusal to grant access to the property to complete the carpet installation on February 28, 2024.

In response to your filed complaint with the Arizona ROC, Titan is responsible for addressing all repairs resulting from the solar-related roof leak you experienced at your home. You are hereby given three (3) days from the date of this letter to coordinate and schedule the carpet installation, with installation occurring no later than fifteen (15) days, thereafter. Failure to comply with this request will necessitate the use of all legal avenues to force completion for Titan to adhere to all ROC requirements.

If you have any questions or require further assistance, please do not hesitate to contact us.

Very truly yours,

/s/ Jenna Murphy

Jenna Murphy, Esq Associate General Counsel Titan Solar Power

cc: [email redacted] [email redacted] Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/12/2024 ROC Legal Received 3/13/24, 8:14 AM State of Arizona Mail - AZ ROC Case No. 2023-08231 - Patten v. Titan Solar Power AZ, Inc. - Answer to Citation/Complaint 3/12/2024 and Ex… ROC Legal

Answers - AZROC <[email redacted]>

AZ ROC Case No. 2023-08231 - Patten v. Titan Solar Power AZ, Inc. - Answer to Citation/Complaint and Exhibits messages

Kleiner, Andy <[email redacted]> Tue, Mar 12, 2024 at 4:42 PM To: "[email redacted]" <[email redacted]> Cc: "Maurer, Julie" <[email redacted]>

Ms. Hayes,

Husch Blackwell LLP has been retained to represent Titan Solar Power CA, Inc. regarding the above referenced case. Julie Maurer and I are the attorneys representing Titan in this matter. Please direct all correspondence, notices, and requests for information to our attention. Attached hereto is Titan’s Answer to the Citation along with Exhibits A through H filed in support.

Please contact us if you have any questions.

Best,

Andy Kleiner

Senior Counsel

HUSCH BLACKWELL

2415 E. Camelback Road Suite 500 Phoenix, AZ 85016‑4288

Direct: 480-824-7885

Fax: 480-824-7905

[email redacted]

huschblackwell.com

Technology, Manufacturing & Transportation

International Trade & Supply Chain

https://mail.google.com/mail/b/AEoRXRSo3kj28Z-Z7kGKkofZ6Z0CXHeBXASHOSGKrCZ6ZnihXKfu/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 1/2 Received 3/13/24, 8:14 AM State of Arizona Mail - AZ ROC Case No. 2023-08231 - Patten v. Titan Solar Power AZ, Inc. - Answer to Citation/Complaint 3/12/2024 and Ex… ROC Legal

Husch Blackwell is a different kind of law firm—structured around our clients’ industries and built on a culture of selfless service. Our 1000+ lawyers collaborate across the U.S. from more than 20 offices and our virtual office, The Link, to provide uncommon solutions to our clients’ most complex challenges.

attachments 4894-9521-3229.1 TSP Answer Exhibit D.mov 13028K 4857-4255-7612.1 Patten - Answer to Citation AZ ROC Case No. 2023-08231.pdf 423K 4871-2969-1309.1 TSP Answer Exhibit G.pdf 188K 4877-5044-8301.1 TSP Answer Exhibit H.pdf 116K 4884-7186-8589.1 TSP Answer Exhibit A.pdf 3206K 4864-9215-7101.1 TSP Answer Exhibit F.pdf 324K 4859-0495-4541.1 TSP Answer Exhibit E.pdf 108K 4887-2346-1293.1 TSP Answer Exhibit C.pdf 451K 4877-5038-2765.1 TSP Answer Exhibit B.pdf 116K

Answers - AZROC <[email redacted]> Wed, Mar 13, 2024 at 8:14 AM To: "Kleiner, Andy" <[email redacted]>

Good morning. We have received your answer. We cannot add movies to your answer. If you wish for the Administrative Law Judge to view it, you will have to file it with them at the appropriate time. [Quoted text hidden] -- Thank you.

Registrar of Contractors Legal Department

https://mail.google.com/mail/b/AEoRXRSo3kj28Z-Z7kGKkofZ6Z0CXHeBXASHOSGKrCZ6ZnihXKfu/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 2/2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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