2023A-08466-CHC-ROC Notice of Hearing and Packet MAILED

2023A-08466-CHC-ROC · Registrar of Contractors · 2023-11-13

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Edward Quinn , Case No. 2023-08466 COMPLAINANT, Docket No. 2023A-08466-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Summer Heating and Air LLC License No. ROC 243191,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

December 21, 2023 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on October 6, 2023. 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)(12) - A.R.S. § 32-1158

Charge: 3 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/content/prehearing-disclosure- statement.

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 13, 2023.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail November 13, 2023 to:

Respondent(s) Summer Heating and Air LLC PO Box 5892 Goodyear, AZ 85338 Complainant(s) Edward Quinn 13271 W Monterey Way Litchfield Park, AZ 85340

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. 2023-08466 /

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

Complainant: Edward Quinn 13271 W. Monterey Way Litchfield Park, AZ 85340

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: Summer Heating and Air LLC DBA: PO Box 5892 Goodyear, AZ 85338

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 26, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-08466

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 9:30 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.

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 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, James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant Choose an item. Choose an item.

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.

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

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

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 Jobsite Inspection Notes

Case No.: 2023-08466 Investigator: James Carter Inspection Date: August 17, 2023 Inspection Time: 9:30 AM

Complainant: Edward Quinn Respondent: Summer Heating Not Present: and Air LLC Not Present:

Jobsite General Notes: JSI photos taken with my agency issued Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM- 720. JSI photos and audio have been placed into the ROC complaint file. Present at the JSI was the Complainant and Vincent Sandoval for the Respondent. Complainant had expressed some concern prior to the JSI that Sandoval had told them he knows the Investigator and that it was taken as an attempt to sway the investigation his way. At the onset of the JSI I asked Sandoval if he knew me and he respondent no. I have never met or done any JSI that Sandoval has been involved in until this one. During the JSI Sandoval was very hostile and confrontational

Complaint Item: 1 - Illegal Installation of AC unit in the in-law Suite Investigator’s Observation: Verified. Investigator observed a mini split AC unit that was installed by the Respondent connected to a 40A disconnect. Per the install specs max should have been 15A. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. 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 - Installation of mismatched compressors with wrong coils for whole house Investigator’s Observation: Verified. Respondent connect two new 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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

compressors that are not compatible with the existing air handlers. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. 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 # 2023-08466 Inspection Date 08/17/2023 9:30 AM - Photo Page 1 Complaint # 2023-08466 Inspection Date 08/17/2023 9:30 AM - Photo Page 2 Complaint # 2023-08466 Inspection Date 08/17/2023 9:30 AM - Photo Page 3 Complaint # 2023-08466 Inspection Date 08/17/2023 9:30 AM - Photo Page 4 Complaint # 2023-08466 Inspection Date 08/17/2023 9:30 AM - Photo Page 5 Complainant: Edward Quinn 13271 W. Monterey Way Litchfield Park, AZ 85340

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: Summer Heating and Air LLC DBA: PO Box 5892 Goodyear, AZ 85338

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 24, 2023

License No. ROC 243191

Re:Complaint No. 2023-08466

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 September 14, 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 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:

Compliance Item: 1 - Illegal Installation of AC unit in the in-law Suite Investigator’s Observation: Verified. Investigator observed a mini split AC unit that was installed by the Respondent. connected to a 40a disconnect. Per the install specs max should have been 15a. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Violation of any rule adopted by the Registrar;

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 Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

Compliance Item: 2 - Installation of mismatched compressors with wrong coils for whole house Investigator’s Observation: Verified. Respondent connect two new compressors that are not compatible with the existing air handlers. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. 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: - Investigator’s Observation: Governing Rule:

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

Sincerely,

James Carter James Carter, Investigator 602 7716770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Edward Quinn, Case No. 2023-08466 COMPLAINANT, v. Summer Heating and Air LLC CITATION License No. ROC 243191, RESPONDENT.

The Registrar issues this Citation to Summer Heating and Air LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 21, 2023, 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 25, 2023, Edward Quinn (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32-1158. Charge :3 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. 2023-08466. 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] of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 21, 2023. 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 of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 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. of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated October 6, 2023. By: /s/ Erin Johnson Erin Johnson Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, October 6, 2023 to: Respondent Certified Mail No: [number redacted] Summer Heating and Air LLC PO Box 5892 Goodyear, AZ 85338

Copy mailed by USPS First Class mail this same date to: Summer Heating and Air LLC PO Box 5892 Goodyear, AZ 85338 Complainant Edward Quinn 13271 W. Monterey Way Litchfield Park, AZ 85340 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. 2023-08466 / EJ

of 5

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

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Received by Investigations r RECEIVED 07/25/2023 2023-08466

JUL 2 5 2023 Licensed Complaint Form For Current or Suspended Licensees ,NVESTtcnffOf.rSffi [r/ailto: irr,i ltC in Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint ruttruap (First Middle Last) Business Name (if a licensed conlractor or supplier) ROC License Numbe(s) (if any)

Mailing t50 (Enter 6ui nn in ct

I e Qitv Lifrhfietd ?a, t. 7 ^h5z4u Phone Number Email / brc azs ztoo E)) 4u;NilOYAhoo,o6M I consent to receive communications electronically in connection with this case Sves Otlo Name of Attorney (if any)

Street Address of Attorney City State zrp

Phone Attorney Email of Attorney

Contractor lnformation License umbe(s) N ame s shown on Surn (^Q-r d Address Citv ^ +h Good D Pnone-Nurir6er b74 Zab - 3BA I ing License _ u_n Klror.tln vl @-cro t/i t {o^d^, lnformation Contract Date Contract Amount Amount Paid

/VD Corrtralt I Scc Ftrtc,ttcials) Date Work Stopped Date Work Was Completed Dateworkstarred I I ort I,o *s t o5 Zoa3 / / o5/za2-< T Move-ln Date (New-Home) Close of Escrow (New Home)

CitV Jobsite Street Address lbQTt w H'd\^t ercvt^fc*r L-rt*tfield ^?oYK Name AZ State ^ho34o ffiwner ' applicable) Construction Site (if

fu1o a-rd- + Lf Owner sa o qinrt N @ yaA"o,e oe'4- ail of Construction Number of o EJJ Qui ^/ This complaint is for O Abandonment Poor Work O Other I have contacted the contractor (pPhone Q Email Qletter ON/A Have filed a complaint in court? Q Yes (DNo C)N/A lf Yes, provide a copy of civil complaint Has any work been corrected? OYes @ No lf yes, by whom? The contract was OWritten O Oral OBoth All change orders were OWritten QOral Oeoth OUln This ect was O Commercial !Residential OOn Tribal Land This project involved O NewHome ORemodel (l Repair QOther A building permit was obtained bY OContractor 0ProPertY Owner QBuilding permit #

RCC099 12t05118 Received by Investigations 07/25/2023 2023-08466 Received by Investigations 07/25/2023 2023-08466

Licensed Complaint Form For Current or Suspended Licensees

lnformation Continued 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 to 1 00 characters

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I declare under penalty of perjury th at the information and documents contain ed on this Complaint Form included with fhl's complaint, or hereafter submitted in support o f thiS compla int are true and accurate to th e b esf o f my knowledge I will assisf in the tn vestiga tion or in th e p rosecu tion o f the con tra ctor or oth er an d if he and to facfs. nrintedNamf s;,g€ys-// \ a Date

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RCC099 12105t18

Received by Investigations 07/25/2023 2023-08466

Proskill Services - Diaqnostic Quinn Residence 13271W lt/onterey Way Litchfield Park, AZ 85340

July 6,2023 Hello Edward,

Here are our Tech Pat's diagnostic findings

Low cool. Checked 2 new 2022 Goadman condensers, both running and cooling. Found installing contractor didn't match condensers to new coils/furnaces as he should have. Coils are 2005 R22, not rated for R410a pressure. Will eventually pop a leak and need replaced. Both units are undercharged. No clean outs on drains, no overflow switches, no sediment traps on furnaces. lnstaller should have installed matched systems, but didn't. Attic access is very poor and small, builder shouldn't have installed units in such a small space. Will be very difficult to replace.

Looked at old ceiling cassettelmini split setup. lnstaller double tapped disconnect for ceiling cassette, can't double tap circuits per code. 1^5 ton unit, breaker is a 40 amp. Mini split calls for amp maximum, split calls for 20 amp maximum. Recommend double head mini split when this one fails, maybe move condenser for better RV gate access.

Here are my observations and opinion as well on my site visit.

Being that the 5 ton and 4 ton systems are mismatched, R-410a condensers with R-22 Coils and original furnace, we would not be able to guarantee that the replaced outdoor R-410a condensing sections do not have damage from improper installation (or have voided manufacturer warranties for that matter). Even if we were to find an*&llfii match for those Condensers with a Goodman furnace and R-410a coil, so that the entire system is properly matched, we do not know the health status of those condensing sections. The only way we can guarantee that the system will work properly for the projected lifespan of 1 3+ years is to remove and replace the entirety of the system. As is our recommendation at this point.

I would also ask the prior installer of the outdoor R-410a condensing sections why they needed to be changed out? Did they have simultaneous bad/grounded compressors? Does the installer have record of their findings and why the recommended changing out the condensers?

Tyler Estes Comfod Specialist Cell. 623.271.0961 Office.623.551 .7473 Tvler E@proskillservices com Received by Investigations 07/25/2023 2023-08466

Statement of Lisa Quinn, Owner

This statement documents the behavior of Vincent Sandoval, an air conditionrng contractor who performed work at our home in January 2023.

Mr. Sandoval arrived unsolicited at my home in January 2023. The home is located at 13271W. Monterey Way, Litchfield Pa(k, AZ. Mr. Sandoval apparently saw contractor trucks at our house because my husband and I were in the middle of an extensive renovation proiect.

At this time, my husband was out of the country on a work assignment, and left me in charge of the renovation project. I am not super technical, but I was managing the work crews well enough when Mr. Sandoval appeared unsolicited.

One focus on the project was to renovate the in-law suite with a new mini-split AC system and replace an older AC unit that was separate from the main house's upper and lower AC systems. We had received a quote from another contractor for a Bosch mini-split system and we were considering using them.

ln hindsight, I see now that ttilr. Sandoval recognized that he had an opportunity to generate fast installation fees by withholding vital technical information from me (and my husband who was out of the country) and performing AC work that no ethical AC contracting professional would do.

I recognize now in hindsight what happened to me in this circumstance, and how Mr. Sandoval exploited an opportunity to manipulate me into using his firm to undercut the other bid we received on a price basis on the mini-split Solution, and further, and how he also manipulated me to purchase new outdoor 4 ton and 5 ton compressor / condenser units so that he could make two equipment sales (the mini-split, and the new 4 ton and 5 ton unats outdoors) to generate his installation fees with no regard to the customer and ethical business practices.

As your investigation will conclude, he withheld vital technical information from me. and created an illegal, not-to-code electrical installation for the in-law suite, and effectively destroyed our main AC systems by installing a "mismatched" situation between the new units outside and the old units in our attics with different size coils. ln hindsight, lvtr. Sandoval engaged in what I experienced as a type of predatory behavior on me, and exploited my lack of technical knowledge and the fact that my husband was out of the country

And so, I\/r. Sandoval saw his opportunity and immediately befriended me, and proceeded to verbally pitch me with an unsolicited offer to do these jobs on the premise he could do it much, much cheaper and better. Mr. Sandoval was very persistent. He came over three days in a row, to try to win the initial in-law suite business and his other interests, changing out the outdoor 4 ton and 5 ton units.

Received by Investigations 07/25/2023 2023-08466

He gave me a verbal quote that was much lower quote than the other vendor for the Bosch mini- split. He convinced me his solution was much cheaper and equally as effective. But his solution was not to put in a min-split split unit Your investigation will conclude that he installed a solution that was simply wrong and completely out of code, and could cause a fire.

Concurrently with his verbal pitching on the in-law suite solution, Mr. Sandoval persistenfly focused on replacing the outdoor 4 ton and 5 ton units from the original 2OO5 house build. The units were functioning perfectly fine, and Mr. sandoval provided no technical information or performance test data to indicate these units were failing.

lnstead, Mr. sandoval again pitched me on how cheaply he could replace the outdoor units and help our family avotd a certain failure of these units due to their aging condition. He said rt was "mandatory" that they be replaced before the heat started in IVlay. At this time, I still thought Vincent Sandoval was honest and trying to help me.

ln hindsight, I see now he was exploiting my desire to renovate and save money with him, and exploited my fear of the units failing so that he could generate fast installation fees on the second job

Not being technically proficient, I did realize I\/r. sandoval was now proposing two solutions that were overall a significant investment, and lconsulted with my husband. Ivly husband got Mr. Sandoval on the line, and lrlr. sandoval pitched my husband on his solutions as well, explorting my husband's lack of technical knowledge as well.

I had handed him to speak to my husband. My husband asked for a written quote and contract, and asked l/lr. Sandoval if he was licensed contractor. lvlr. Sandoval stated that he was a licensed contractor on my phone and provided his contractor number. Later, my husband looked lvtr. Sandoval up and indeed found he was a licensed contractor working with Mr. David Lucero.

SEE: ROC 243191

lvly husband asked me to obtain a quote from Mr. sandoval so we could compare quotes and contracts

After he spoke to my husband, [\/r. Sandoval decided to ignore my husband's request, and continue to manipulate me. He did not provide me with a written quote and contract. Rather, he cajoled me to purchase the equipment at the local distributors (in other words, he placed the capital expense of the equipment on me, the customer, and sought only to obtain the installation fees, which he verbally pitched me). He could see there were several other projects undenivay and I was very busy with the other contractors.

Received by Investigations 07/25/2023 2023-08466

To my great regret, I consented to his persistent sales tactics as I made an incorrect assumption he was trying to help my husband and L l purchased the equipment as he directed, and he installed the outdoor units and his "solution" for our mini-split needs but it was not a solution as your investigation will conclude.

SEE: Financial lnformation attached

Then, once he had collected his fees and left, the real trouble began. The original in-law suite thermostat for the outdoor unit WaS removed due to the renovation in that room. Mr. Sandoval did not return to install it so I could not check if the entire install he did was working. I called and texted Mr. Sandoval numerous times, but he did respond to texts or phone calls.

My husband returned and found the in-law suite not finished. He called another company to finish connecting the in-law suite thermostat. That contractor flagged to us that the installation for this "solution" was not to code and could cause a fire.

My husband drove to his listed place of business on the website and found that it was a false address. We both realized by now Mr. Sandoval had engaged in manipulative behavior but it was near impossible to find him. I again left many messages.

By June ofthis year, the outdoor heat increased and suddenly, the main house systems were not sufficient to cool the house. My husband sensed something was also very wrong with the outdoor unit situation and the indoor units. I called Mr. Sandoval again and again, and he did not answer texts or phone calls. He answered one text saying he didn't remember who I was'

At this point, my husband called Goodman, and he tracked down the distributor, and the distributor contacted Mr. Sandoval to get to our house immediately as my husband threatened to escalate the situation and file a complaint.

Within 30 minutes, Mr. Sandoval appeared. He "inspected" the outdoor units and the attic units and declared no definitive reason why the house was not cooling effectively. He said he would return, but he did not. Looking back on this visit, I am amazed that this'man did not come clean about what he had done when we suspected something was very wrong. ln any event , it now became apparent that Mr. sandoval was engaged in some sort of unethical business practices and that we had potentially been victimized and I had been "hustled" by Mr' Sandoval'

As this point, my husband contacted a reputable AC contractor for a diagnosis

SEE: Proskill technical report and commentary

Received by Investigations 07/25/2023 2023-08466

Please see attached report ln summary, as your own investigation will conclude, Mr. Sandoval sold me on a faulty, dangerous in-law suite solution (which he never finished and tested), and further, the firm that did the diagnostic said [t/lr. Sandoval effectively "broke" the outdoor and indoor main house systems by installing a "mismatch" with different size coils, etc.

SEE: Two proposals from Proskill to fix the main house situation

My husband, armed with the diagnosis, reached [tlr. Sandoval and informed him of the in-law suite code violations and unacceptable mini-split solution he configured with old and new equipment. t\Iy husband explained the "mismatch" situation he had created that effectively compromised the entire outdoor and indoor components, and that no contractor would warranty any partial work fixing the mismatch situation.

My husband asked [tlr. Sandoval for his solution to the numerous problems he created, and Mr. Sandoval said he would swap out the coils in the attic and everything would be fine. "l do it all the time", he said. ltly husband knew t\lr. 'sandoval had now been caught in his deceptive practices, yet he asked [Mr. Sandoval for a complete and total solution for what is needed given what he had done. We had obtained quotes for a complete system replacement from proskill.

He had asked Mr. Sandoval for his written quote and his corrective solutions to both situations within 48 hours so we could see what he proposed and have documentation to support it.

Mr. Sandoval has yet to submit his quote He has disappeared again and does not respond to us. We have been forced to run the units and keep the house very, very cool to avoid the house becoming very hot. lt is driving up our electricity costs far above what our normal use is, creating further financial damages to us.

And we are verv concerned the mismatched coils will fail or explode. we have an URGENT situation- Please come and do an inspection before the coils explode. We can,t i* tt e in-law suite svstem as we fear it witt catch on fire.

r t f zalroz-B Lisa Quinn Date

Received by Investigations 07/25/2023 2023-08466

CHAsE...) December 21,2022 through January 23,2023 JPMorgan Chase Bank, N.A. P O Box 182051 AccountNumber: Columbus, OH 43218 -2051

CUSTOMER SERVICE INFORMATION Web site: Chase.com Service Center. 1-800-935-9935 Para Espanol: 1-877-312-4273 LISA QUINN lnternational Calls: 1-713-262-1679

Chase Premier Plus Checking CHECKING SUMMARY AMOUNT

Thank you for your military seruice and commitment to our country. Your monthly seruice fee was waived as a benefit of Chase Military Banking.

TRANSACTION DETAIL AMOUNT BALANCE DATE DESCRIPTION

-1,100.00 OllO4 Zelle Payment To Summer Heatinq And Air J

-1,000.00 01/05 Zelle Payment To Summer Heating And Air Jpm999Ki7Gsr

Page 1 ol 2 Mrleageffi$axx; uNrrco S. * Manage your accounl online: www.chase.corn/united s Cuslomer Seryice: 1-800-999-7224 Received Mobile: by Investigations Download lhe Chase Mobile@app today I

07/25/2023 2023-08466

YOUR ACCOUNT MESSAGES (CONTTNUED) Your AutoPay amount will be reduced by any payments or merchant credits that post to your account before we process your AutoPay payment. ll the total of these payments and merchant credits is more than your set AutoPay amount, your AutoPay payment for that month will be zero. Transactions designated with an & have been transferred from lost / stolen account.

ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount

01104 HVAC MTRAGE pX602-2720601 M 615.89

01/05 JOHNSTONE SUPPLY-SPH 702-3854700 M 4,410.16 01/05 JoHNSTONE SUPPLY OF AV 623-925-9200 M 247.56 Received by Investigations 07/25/2023 2023-08466

Srrrl/frEs.rot?I 6??.55 1.7479 4?rS q\,i:a':,:: W. futtu'le Ar,,{r'ttem, AZ 85AeA t') t),., ::' ': ) i :i. ,it! :i):r.r'i] 1, I , 1..,,.1 i,,. ..

BILL TO Ed,,vard Qr-rinrr 13271W Monterey Way Litchfield Park. AB 85340 USA

ESBMATE DATE

128842'370 Jul 05, 2023

JOB ADDRESS Project: [number redacted] Edward Quinn Technician: Tyler Estes 13271 West Monterey Way Litchfield Park. AZ 85340 IJSA

TA S K *rs{W.t{}11{3?:l l\t'J \J' ! tul:trr ryt\L thtA4 14lfrL

Scope of Work'AC / Furnace Attic lnstall: 2.00 $0.00 $0.00

,l". Perform Home Engineerirrg Analysis (Loacl Calculation) via Manual J guidelines to ensure proper equipment sizing. 2. Protect the home with floor covers and drape plastic in closets and pantries as needed. 3. Remove & Replace the existing splil system with a new Al-lRl rated split system with furnacer'coil in the attic" 4. Supply & lrrstall custom uni-strut hangers to support the system & drain pan. 5. Supply & lnstall a nernr Goliath Sexelar secondary drip pan with vibration isolators. 6. Supply & lnstall new custom fabricated duct distribution boxes (plenums) matched & sealed to the flange of the coil & furnace to prevcnt air leaks. 7. Supply & lnstall new manual dampers on every supply dLrct off of the plenum. B. Supply & lnstall condensate overflow safety srvitch. 9. Supply & lnstall a new condensate E7-trap with cleanouts and brush for ease of maintenance. 10. Supply & lnstall a rrew B-vent for furnace exhaust to existing roof penetration. 11. Supply & lnstall a lreavy-duty electrical cord or service disronnect for the furnace. 12. Supply & lnstall gas distribution assembly. with drip leg & flexible gas linc & shut off for furnace. 13. Supply & lnstall a new smart thernrostat. 14. Supply & lnstall a new condenser pad. 15. Supply & lnstall new service discErnnect & electrical feeder front disconnect to system.

Estimate #12884231O Page 1 of 4 Received by Investigations 07/25/2023 2023-08466

16. Supply & lnstall a new fused disconnect that is properly rated for the new outrloor syste m. 1/. Flush existing lirre set to remove debris and rnineral oil in preparation for R41"0a rofiigerant. 1.8. Purgc nitrogcn thlouglr refrigerarrt tubing whilc !.:razitrg connections to prevent carbon buildup. 19. Evacuate systen-rlline-sel arrd ar:lrieve a standing vacuum below 500 microns. 20. Supply & lnstall rodent protection. 21. Re-irrsr-rlate refrigerant lines or-rtside and in the attic where applical)le. 22. Startup arrd charge AC equipment according to manufacturer's specifications to attain rated e{ficiency. 23. Flush and Test Condensate lirrr,; to ensul-e clrains *re free of debris 24. Rebuild./replare attic access trim. (As needed) 25. lnstall Carbon Monoxide Detectr:r 26. Set Up cttstonter remote access for a smart thermostat. 27. Set-Up customer-defirred heating and cooling schedules. 28. Renrove all waste fr-om the interior of the home & vac,rurn f loors. 29. Haul aw,:y & recycling existing equipment per E.P.A. giridelirres. 30. Post-installation systern inspection forms to be enrailed to the customer 31. Register equipment tr: activ"rte extended warranties. 32. Process applicahle utility rebates. (As necded) 33. Set up basic rerlote system monitoling. 34. Final site visit by lnstall l"lanager for. performance arid quality review. 35. Complimentary tlro-year t nrollmcnt intr: ProSkili Membership Club to cover tvro-ye;r' maintenance (4,risits).

/JlO_6rXV281_:Addiiionrl Sc-oire

1. Supply & lnstall Serviee Discorrnect with integrated surge suppressor 2. Sct up adv;rncrd systcm rnorriloring.

RunTru 5.0 Ton 1.00 $13,263.00 $13,263.00 Equiprnent Specif ications: SEER2T'EER2: 74.3/ 1 7.V AHRI Nr-rmber: [number redacted] Capacity: 5.0 Ton AFUE: 0.8 RunTru Conderrser Model: A"1AC4060D1- RunTru Furnace Model: A801X100CM5' Trarrc Coil Model: 4MXCC009AC6llCA Control: HoneyWell 14 Warranty: Year limited warranty on compressor thror,lgh Trane- Year linrited warranty on coils through Trane. 1.0 Year lirnited warranty an irrternal functional parts through Trane.

Year heat exchanger warranty thlough Trane. Year base lirnited l.riror warranty through ProSkill Services.

RunTru 4.0 Ton 1.O0 $12,912.OO $72.972.AO Equipment Specifications: SEER2/[ER2: 14.3/17.7 AHRI Nurnbcr: [number redacted]

Estimate #12884231O Page 2 of 4 Received by Investigations 07/25/2023 2023-08466

Capacity: 4.0 Ton AFUE: 0,8 RunTru Corrderrser Model: A4AC4048Di' - RunTru Furnace Model: AB01X0B0CM5 Trane Coil Model: 4MXCC009AC6HCA Control: l{oneyWe ll T4 Warranty: Year limited warranty cn compressor thror.rgh Trane. Year limited rararrarrty on coils through Trane. 1.0 Year limited warranty on internal functicnai parts thror.rgh Trane. Year heat exchanger warral:ty through Trane. Year base limited l,:hor warranty th;'r:ugh ProSkill Services.

'Notice* 1.00 $0.00 $0.00

All Priccs quoted arc valid for 30 da-vs frorrr thc date ol original estirnate.

:t APS Rebate - $200 on Qualifying Syslerns 2.00 $-200.00

Disclaimer Your system Qualifies for a Rebate from APS. To process this rebate we will require your APS Account information l- business day before vour install.

New System lnstall Two Year Maintenance Plan: {9316.00) 2.O0 $0.00 $*.0c1

. Service is not redeemable f*r cash or account rredit. . Service is not transferable. . Service expires 30 months ,fter new system installatiorr.

New System lnstall 2 Year Maintenanee Flan {redit {-$316.00)

Recent Repair Credit: 19.OO $-1.00 $-79.00 This Credit is from the recent !-epair made on your property within the last 6 nronths. The maxinrum Credit is $8?5.

Job# being credited is -

B Thank you for allor,ving us to recycle your systeml 2.00 $-800.00 $-1.600.00

ProSkills Spring 2023 lnstanl re bate for New HVAC Systems ?.00 $-1.200.00 $-2,400.00

. Sell us yourworking system! Wevvill use it to keep futlrre customers comfortable while r,vaitir-rg to get a new rotnfort systern. Anythittg

Estimate #12884237O Page 3 of 4 Received by Investigations 07/25/2023 2023-08466

unable to Lre reused will be recyclec{

'Can not be combined r,vith systems with no hreak dowlt guarantee.

'This ofler can only be combined *.iith ProSkills Trade in Crerlit (NS-TCD)

Best Value Guarantee 1.00 $0.00 $0.00 We believe that by having the highest quality install tearns, providing the rnost ttroror,rgh scope of rvork, and installing the best equipnrent: all at a fair price, we arc providing the bcst value in the industry. We are so cotrfiderrt in this, that if encounter a company that you feel is providing better valuc than our tearn, we will beat it or give you 9100. Just present us with a proposal frcrr a rr.;r*pany that lrasi

. ROC license in good standing . 4.9* Rating on Google y,rith 100"F reviews (ProSkill h;s over 5,700 levielrys. rated 5.0 St;rrs) . A.r BBB Rating . Comparable equipmcnt {SE[RlFcatures) . Conrparable rr.;rittcn srope of wr:rk . Brick and Mortar conimercial iocatir:n . Two lead insl-allers are ded;catcd t{r cach systL.m

n 12 Months No lnterest No Payment OAC. Plan Code: 2521 1.00 $0.00 $0.00 Down Paynrent: 5 App|oved Anrount: g Estirnated Payrnent: S

. Paymerrt is an estimate ancl subject to change if pricing ch.rnges.

https://projects. greensky.com/MerchantLoanApplication? apptype=short&merchant=8 1084972&dealerplan=252 1&channel=External- Button-03

Merchant lD - 81084972

sUB.TOTAL $27,6e6.A0 TAX $0.00

TOTAL $21,696.A0 tu't aq{"tl hu ?1*9tz k1 r*?4 T

I hereby authorize the above lvork to be done as priced and stated above. I understarrd and agree that payment in full is due

at completion of work. I understand and agree to be bound by the by the Ternrs and Conditions.

Estimate #12884231O Page 4 of 4 Received by Investigations 07/25/2023 2023-08466

Terms and Conditions ln this document, the terms "we", "us", "seller", and "our" refer to ProSkill Servlces. The words "you", "your", "customer", and "equipnrent owner" apply to the purchasei" of the equlpment or srrvices listed *r'r the irrvoir-e

Pavment Ternrs Payment is due upon substantial completion of the scope stated on the invoice unless previous written arrangements have been made and agreed upon;.or in accordance with the financing agreement, A monthly service charge, at maximum allowance by law, will be added after ten days. The customer agrees to pay any reasonable attorney and/or collection fees incurred by the seller to secure payments of this agreement. Exclusions Permits, painting, drywall repair, roof repair, replacement of existing refrigerant lines/condensate drains/high voltage electrical/low voltage electrical/gas/venting/ducts, and any other additional service(s) are not included unless otherwise outlined in this agreement. Chanee Orders Any alterations or deviation from this agreement shall be made only upon written authorization between Seller and Customer. lt may result in additional fees over and above the original agreed amount. Cancellations Should a job be canceled after standard parts or equipment are ordered, the customer is responsible for all applicable restocking and/or shipping fees. Should a job be canceled after custom metal has been ordered, the customer is responsible for the entire cost of the metal, or a 5200 restocking fee per unit, whichever is greater. Existing Ductwork Work to new or existing ductwork is limited to reasonably accessible areas of the home. Reasonably accessible areas refer to areas which we can access without the necessity of removing fixed objects such as drywall, pipes, or other building materials. lnaccessible portions of ductwork will remain in place and as is, and ProSkill Services offers nor warranty or performance guarantee on inaccessible ductwork. Home Owners Association Approval Any required approvals from a Homeowners Association are the customer's responsibility. Any required approvals are to be obtained by the customer before the start of work. Any fines resulting from the failure to get the proper approvals are not the responsibility of ProSkill Services. Pre-Existins Condit;sns ln the event it is determined or disc*vered bv ProSkill 5ervices that prr:l:osed ,,rlork cannilt i:e perlcrmed as intended due to untcreseen structural de{ects *r undisccvereri pre-*xisling c*nditiciis lsyaui'prapeli\i, Pr*Skill Service's agent wiil r:otify you and plan a course of aclion. if additionrl lvarti i5 required, we will subtnit n .nange or"der. PraSkill Services is not responsible for ineurred costs froffi pre-existirrg conclitions. DAY NOTICE OF RIGHT TO CANCEL You may cancel this transaction, without any penalty or obligation, within three business days, seven business days if you are 65 or older, from the transaction date. lf you cancel, any property traded in, any payments made by you under the contract or sale will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of this contract will be canceled. lf you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to the seller. ProSkill Services 4215 W. Fortune Dr. Anthem, AZ 85086 Received by Investigations 07/25/2023 2023-08466

ProSkill Base and Extended Labor Wa rrantv Table 1 Warranty: Qua Units Term: Start Date Base Labor All New Units 2 Years lnstall Date on lnvoice

Table 2 Warranty: Qual Units Term Start Date: Year Extended Labor Trane XR15, xR16, xR17, all XL Series,l 5 Years total, cumulative of lnstall Date on lnvoice Warranty Elite Bosch lDP, and Lennox Base + Extended Series Equipment I

I

Year Extended Labor Trane XV18, XV19, XV20i, and I Years total, cumulative lnstall Date on lnvoice Warranty Lennox Srgnature Series Iquipmenq of Base + Extended

Base Labor Warranty: During the term {see T*bie 1} of this Sase labor Warranty. Pro5kiil Services wili perform any flecessary repairs fer the IIVAC equipment, or any internal compsnent of the HVAC equipment listed on the i*voice on the date af install. This Sase Labor lffarranty is supplementai tc end secondary tc the Manufacturer's Limited Warranty-

A. {:#ru miTl#}J $ kN* L2{r&1"{ &.T r*{4%: 1. This Sase Labor Warranty sets forth the entire agreement betrveen yau and us and cannol be changed wlthout our vuritten approval. Representations e nd pr*mises not outlined in this document are **t part of the Base Labor Warranty. 2. This Base Labor hvarranty is autoniatically terminated if the eguipment is removed from the address initially installed at, identified on the service iocation of the invoice. 3. This Sase Labor Warranty is automatlcally terminated if lhe equipment is repaired by a service provider not approved by us. 4. We reserve the right tB select the serviee provider to perform any repairs called for under this Base Labor Warranty. 5. Any equipment, parts, and/or labor not covered by the terms of this Base Labor Warranty wili be f*rnished at the Equipment Owner's expefi se. 6. New non*original manufacturer parts may be used in performing any r*pairs. 7. PROSKILL SERVICES SHALL trOT B€ RESPCTIISIBLE FOF ANY LOSs, OAMAGE OR INJURY RESULTI'{G FROM DELAY AY THE EqUIPMENT OWruCR Iff 5EEKING REPAIRS ESVERES gY THE TETMS OF THIS 8ASE TABSR WARRANTY Att{D IN NO FVENT UfltL PROSI(ILL SEftVIeES B* UAArr FOR rF{CTOETVTAL, effFiS€qUEf{TtAL OH pUNtftVf; DAMAGT. 8. By signing the invoice for the new equipment, you agree to be bound by the terms and conditions of this Base Labor Warranty. B. \trF'AT f$ CSVEftE*: The Base Labor Warranty covers the cost af labor and/or repair cf internal compon€nts of the covered equipment installed by ProSkill Serviees and listed aft the iflvoice, subject to the terms and randitions af this Base Labcr Warranty. This Base Labor Warranty is supplemental and secs*dary to any equipment, Farts andlor labor covered under the terrns of the manufaeturer's limited warranty. parts wiii he replaced \rrith those cf like kind and quality and may be new non- original manufactured. lf the cost to repair the ccvered equipment exceeds the original equipment purchase price or if the parts are not available due to the age of the equipment or being discantinued by the manufacturer, the equipment will be replaced with equipment of ccmpar.able {ratures, €. \ei w tuv 29 *&*7 *ffiw w#,Eb : l. Rautine maintenance or any repairs which are necessary if the f quipment Owner fails to maintain the equipment. 2. Premium labor charges sr after-hours fees chargeei by the service pravlder for repairs rnade outside the service provider's regular business hsurs. See Table 3 fer normal business hours. 3. Air filters, drain lines, condensate pumps, refrigerant lines, ducts, registers, electrica! wiring external to the equipment, or finy other equipnrent not listed cn the invoice and installed by Pr*Skill Services. 4. Repairs to correct failures sr malfunctions that ar€ n*t considered manufacturing defects, such as damage cr malfunctions resulting lrcrrr fire, water, storms, earttrlquake, faulty p*rver supply. theft, riot, misuse, abuse, rodent$, wildlile, or acts of God. 5. Rust and eorrosion, instai!atlon in a corrosive atm*sphere or environment, or other perils not related to defects in workmanship or materials, unless ctherwise stated on the face of this *ase Ltbar Warranty. 6. Repairs to alter the equipment t# meet changes in Federal, State, or lacal csdes or reguiations. Received by Investigations 07/25/2023 2023-08466

7. Freight on parts. 8. Any work performed by any service provider rrot approved by us. 9. Appearance: Features, aesthetics, paint and cabinet parts, knobs and buttons, including but not limited to, rust or corrosion. 10. ltems usually designed to be periodicaily replaced by the Equipment Owner during equipment life such as air filters and parts or repairs due to normai wear and tear. 11. Refrigerant of any type. D. CANCELI.ATI{,}M; We may cancel this Base Labor Warratlty, with respect to hlath original purchaser or any transferees. for the following reasons: (1) nonpayment of rendered services; (2) any material misrepresentations or a substantial brearh of the duties under this Extended Labor Warranty; or (3) any nraterial changes occurrir.rg to the nature or scope of the service required under this Base Labor Warranty such that the service required to be provided has substantially and materially increased beyond that contemplated as of the date of the original purchase of the HVAC equipment. Cancellation of this Base Labor Warranty is effective upon the rnailing of a notice of cancellation to the original pr:rchaser or transferee. E, LIMIT OF LIABILITY: The limit of liability for any claim under this Base Labor Warranty is the cost to repair your covered equipment in accordance with the terms and conditions of this Base Labor Warranty, not to exceed the purchase price of tlre equipment. F, TQUIPMgNT O\A'T{HR'5 RESPONSISILITY: The following are entirely the responsibility of the Equipment Owner: 1, All service and repairs not covered bythis the Base Labor Warranty or Ixtended Labor Warrarrty. 2. Service and repairs nrade necessary by the failr.rre of the tquiprnerrt Owner to operate the equiptnetlt in accordance with the manufacturer's !nstructions ancl to perforil routine maintenance and any special maintenance listed in the owner's manual. Routine maintenance inclufles the cleaning of the condensate drain, the condenser, the evaporator coil, the cleaning and replacing of air filters, and other items as listed in the owner's matrual. 3. To provide the service provider free access to the equipment and controls. 4. To move any stock, fixtures, or partitions to facilitate the service 0rovider's work. G. ADDITIONAL TEflM5: 1. Unless otherwise agreed, ProSkill Services is the only ar.rthorized service provider approved to repair your equipment. 2. The Base Labor Warranty applies to the original purchaser and any subsequent purchaser of the home at the address the equipment was installed at. I{, HOW TO O8TAIru SERVI{E; 1. When repairs are required, review your Base Labor Warranty dccument. lf Vou feel your Base Labor Warranty covers the repairs, call proSkiil Services at (623) 551.-7473, give the service provider the model nurnbers located on Your invoice. The service provider will repair your equipment subject to the terms and conditions of the Base Labor Warranty Document. you will have no out of pocket expenses, as long as the repairs are covered by the terrns and conditions of the Base Labor Warranty. 2. Failure to follow these procedures may void coverage' I, TNTIRE AGREEMf;}.IT; This is the entire extended Base Labor warranty between the parties, and no representation, protrtise or corldition not contained herein shall modify these items. I, GOVERNIIIIG LAW: This Base Labor Warranty shall be interpreted in accordance with the laws of the State of Arizona and venue ior any action to enforce the terms of this agreement shall be in Maricopa County, Arizona. K. ATTORNEY,S TEIS AND COSTS: prevailing ln the event of any litigation between the parties, arising out of or relating to this Base Labor WarrantY, the party shall be entitled to recover all costs and reasonable attorney's fees incurred.

Extended Labor WarrantY:

During the term {see Table 2) of this Extended Labor Warranty, ProSkill Services will perforrr anY necessary repairs for the HVAC equipment or any internal component of the HVAC equipment listed on the invoice on the date ol install. This Extended Labor Warranty is supplemerrl-al to and secondary to the fulanufacturer's Lirnit.ed Warranty. Received by Investigations 07/25/2023 2023-08466

ln addition to ALL terms and conditions outlined in the Base Labor Warranty, the followin g odditianol terms and conditions will apply to maintain your Extended Labor Warranty.

L. AOSITIONAL EXTENSED LABSft WARR ANTY T{.*M\.. 1' This Extended Labor Warranty is automatically terminated if the f quipment Owner fails to maintain the equipment by not having an annual or bi-annual service performed by ProSkill Services. Then, the Equipment Owner shall also be responsible to pay for yearly cleaning of the condensate system, indoor coils, and outdoor coils if needed, which would not covered by this Extended Labor Warranty andfor New System Maintenance Plans. a basir rinse and ftush is inctuded in our maintenance plans 2. Under this Extended Labor Warranty, after the first year of service included with your new equipment, you are required to maintain an ongoing ProSkill Membership Club enrollment for the HVAC system(s) for the entirety of this Extended Labor warranty term, listed in Table 2. Failure to maintain an ongoing subscription in the proskill Membership Club will result in this Extended Labor Warranty reverting to the Base Labor \{arranty listed in Table 1. 3. This Extended Labor Warranty is only valid in residentiai applications; commercial applications receive the Base Labor Warranty. 4. lf you sell the home or property where equipment is covered by this Extended Labor warranty, the remaining duration of your Extended Labor Warranty may be transferred to the new owner within 90 days of the sale of the property. The new owner will be bound by the same terrns and conditions of the Extended Labor Warranty outlined in this document. This Extended Labor warranty will revert to the hase warrafity listed in Table 1 on the date of the properties sale if you do not complete the transfer within 90 days. To transfer your [xtended Labor Warranty, mail a written request via certified mail (identifying the successor owner), the Equipment Owner's original invoice and a transfer fee of 5225.00 ipayable by cashier's check or money order) to: proSkill Services 4215 W Fortune Dr Phoenix, AZ 85086 5. Systems not listed in Table 2 do not qualify for the Extended Labor Warranty and only receive the Base Labor Warranty.

Table 1:

Warranty Qualifying Units: Term Start Date Base Labor Warranty All New Units 2 Years lnstall Date on lnvoice

Table 2

Warranty: Qualifying Units: Term Start Date: Year Extended Labor Trane XR15, XR16, XRI 7, alt Xt 5 Years total, cumulative of lnstall Date on lnvoice Warranty Series, Bosch lDP, and Lennox Elite Base + Extended Series Equipment

Year Extended Labor Trane XV18, XV19, XV20i, and 10 Years total, cumulative lnstall Date on lnvoice Warranty Lennox Signature Series Equipment of Base + Extended

Table 3

Normal Business Hours Monday - Friday 8:00 A.M. - 5:00 P.M.* Saturday 8:00 A.M. - 3:00 P.M.* Sunday Closed+ tService calls requested outside regula r business hours are available but subject to an emergency/after-hours fee. RECETvED ioas -ottbb ocl 1 I 20i:j rvincentsandouar, AflaZ- o glGe INVESTIGATIONS with summer heating and air have contacted said homeowner in regards to roc complaint and it has come to attention that homeowner does not wish to have r.ne at the i-ir.op.rry to unrlergo conective actions. ln addition, as opposed to correclive actiotr beiiig repiacemerrt of two evaporator coils said homeowner would like brand new units (furnaces) as to match to outdoor unit that was r+4lacerj ivhlch is iiot necessary to be in compliance as coiis io match is sufficient. lf any questions may arise please contact me directly.

r0 l,'l 'z-- Z-j- Fw: Resolving the ROC Complaint 2O23-08466

Ed Quinn [email redacted] James Carter , Lisa Marie euinn Tue, Sep 26,2023, 11:12 AM RunTru by Trane - 5 ton, 4 ton - Single Stage - Financed Nl18 - Copy.pdf Proskill Services Report.pdf Valley of Sun AC Quote - Main Systems - ln-Law Suite.pdf

Mr. Sandoval:

Thank you for reaching out to me today to secure an appointment this week. Your verbal proposal for changing out the coils to create a matched system, and having my wife and I pay all the materials costs is not an acceptable solution to what you and your team did when you entered our premises and sold my wife on changes to our main system and the in-law suite / apartment unit while I was on business travel

As has been documented, there was no contract involved (even though a contract was requested by me while I was on business travel and you were dealing with my wife); and the changes were not only not to professional standards for heating / cooling systems, your mismatched solution to the main system damaged the entire system. Further, the in-law suite / apartment solution you directed my wife to do was not only a partial, inadequate solution, it was not wired to code and subjected us and the home to atire hazard.

There is more information about this matter and your professional conduct that has been documented to this file. But in the interests of solving our issues, the bottom line is that we expended thousands of dollars for faulty work and we are requesting your firm to correct your work to professional standards.

ln the interests of full disclosure to you, and in an attempt to show good faith, please see the following documents that are part of the current ROC file and investigation. Since you may not have copies of these documents, Iet me share with you these elements of our discovery process so that you know exactly what you need to do to resolve these issues, and why we are requesting solutions that are quite different to your proposal.

117 your piecemeal solution will create a serious issue for us selling our home as the new owners will likely dembnd compensation for the risks of system failure due to your original work, and your proposed solution to remedy what you have done so far.

Please see the attached quote for the Valley of the Sun for remedying what your firm did to the main Goodman systems and a remedy for the in-law suite mini-split solution.

Our Next Steps

My specific request to remedy what your firm has done is the following:

1. Reimburse us for the capital costs of the equipment and labor expended on what you sold my wife that was entirely inadequate for our main system, and in the case of the in-law apartment, hazardous and dangerous to the occupants and the home itself. 2. Under the supewision of another ROC contractor or inspector, replace the main systems with a Goodman solution that would be the solution that should have been installed----but you did not. 3. Under the supervision of another ROC contractor or inspector, correct the in-law suite work with a mini-split solution that should have been installed, but was not, including a electrical new sub-panel outside the room that will not create alire hazard. 4. Reimbursement for excessive APS electricity costs that occurred this summer to keep the house cool due a variety of technical issues that were the result of the mismatched situation that your firm created. I will have my otfice document these excessive APS costs this week. (PS - we were lucky we did not have an explosion of the coils, etc., and other issues in a record summer of high temperatures).

This proposal does not include our time, efforts and costs related to trying to track you down post your sale and installation process, our registering this ROC complaint, and our time and effort respectfully asking you to correct what you have done to professional standards. As we discussed on the phone today, your current offer is entirely inadequate, has not been presented in writing with terms and conditions though I have asked you repeatedly to do so, and will not address the issues your firm created.

Since the deadline is this week, I would encourage you to choose to operate in good faith and correct what your firm has done to professional standards. I am still awaiting your offer wlth terms and conditions in writing.

317 Hello Mr. Sandoval. I appreciate our call today, and appreciate this written offer to do a repair. I was glad'we could respectfully discuss our different positions on the remedies needed to correct the work you performed. Your proposed coil remediation (of which you wish my wife and I to pay for the parts) does not remedy or address several issues that I outlined in the recent detailed message I

sent to you today (with technical reports and quotes from other ROC members) about our main systems damage and issues with the work per{ormed in the in-law suite.

I am willing to give you access to the home if you change your mind and need to address our concerns and you need measurements, etc. If you don't intend to address our concerns, then I assume Mr. Carter will summarize the situation and proceed with the ROC process. I am copying Mr. Carter here for the record.

Please be advised that, as the Complaintant in the matter, we will ask that your colleague (who is named on the ROC member records with you as an ROC member) be involved in the resolution of this process. Should we have a hearing on this matter before a ludge, we will ask to have him appear as a witness to testify on the firm's business practices in this matter.

Let me know your next steps in resolving this amicably and in good faith to remedy to a professional standard what has been done by your prior technical work and professional conduct.

Sincerely,

Edward & Lisa Quinn

Vincent Sandoval Ed Quinn Wed, Sep 27,2023,8:29 AM

goodmorning i will ordor goodman coils today no need to measure i need to correct minus electrical thank you see you tomorrow

Ed Quinn Vincent Sandoval James Carter , Lisa Marie Quinn Wed, Sep 27, 2023, 2i28 PM

517 Please do not call my cell phone again until this phase of the ROC process is concluded. Thank you again.

Sincerely,

Edward & Lisa Quinn

Vincent Sandova! Wed, Oct i1,2023,9:36 AM RunTru by Trane - 5 ton, 4 ton - Single Stage - Financed Nl18 - Copy.pdf Proskill Services Report.pdf Valley of Sun AC Quote - Main Systems - ln-Law Suite.pdf

Emails

717 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Edward Quinn, Case No. 2023-08466

COMPLAINANT, v. Summer Heating and Air LLC, ORDER DENYING REQUEST TO License No. ROC 243191, DISMISS RESPONDENT.

BACKGROUND On October 6, 2023, the Registrar issued a Citation against Respondent’s License No. 243191. On October 20, 2023, Respondent filed an Answer. The Answer included a request to dismiss the complaint and citation because Complainant is not letting it perform the repairs. ANALYSIS On August 24, 2023, the Registrar issued a Written Directive which gave Respondent until September 14, 2023 to complete the work/corrections and notify Investigator Carter of its compliance. The email exchanges that were attached to Respondent’s Answer in support of its request to dismiss the complaint and citation are dated September 26 and 27, 2023. The Registrar cannot find a denial of access after a Written Directive has expired because a homeowner, while encouraged to continue working with the contractor to resolve any remaining issues, is not required to permit continued access at that point. ORDER IT IS ORDERED that Respondent’s request to dismiss is DENIED. The issues underlying the Citation and complaint are best suited for presentation before the Office of Administrative Hearings. Respondent is free to raise the arguments and defenses presented in its request to dismiss before the administrative law judge. of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 A Notice of Hearing will be issued in due course. Dated November 2, 2023. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractor

Copy mailed via USPS First Class Mail November 2, 2023 to: Respondent Summer Heating and Air LLC PO Box 5892 Goodyear, AZ 85338

Complainant Edward Quinn 13271 W Monterey Way Litchfield Park, AZ 85340

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. 2023-08466 / KR

of 2 REGISTRAR OF CONTRACTORS 1700 W. Washington St. – Ste. 105 – Phoenix, AZ 85007-2812 Telephone (602) 542-1525 Toll Free (877) 692-9762 Lg127 5/21 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