2024A-03528-CHC-ROC Notice of Hearing & Packet MAILED 2024-03528.pdf

2024A-03528-CHC-ROC · Registrar of Contractors · 2024-07-09

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stephen Hale Ostrom , Case No. 2024-03528

COMPLAINANT, Docket No. 2024A-03528-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Power4ward LLC License No. ROC 335154,

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

HEARING INFORMATION The hearing is set for:

August 16, 2024 1:00 PM Jenna Clark 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 June 3, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

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

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

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

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

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

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of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

Complaints – Resolved/Settled/Withdrawn.”

Dated July 9, 2024.

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

Copy mailed via USPS First Class mail July 9, 2024 to:

Respondent(s) Power4ward LLC 78881 Ave 42 Indio, CA 92203

Complainant(s) Stephen Hale Ostrom 6312 N. 37th Dr. Phoenix, AZ 85019

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-03528 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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: Stephen Hale Ostrom 6312 N. 37th Dr. Phoenix, AZ 85019

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Power4ward LLC 78881 Ave 42 Indio, CA 92203

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 30, 2024

License No. ROC 335154

Re:Complaint No. 2024-03528

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, May 17, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 system is incomplete and not operating. Project appears to be abandoned. *Complete solar system, correct location in the home with no power and obtain all required inspections and approvals by code jurisdiction and utilities and make system operational. Governing Rule: 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. 32-1154(A)(1) Abandonment – Abandonment of a contract.

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

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

Case No.: 2024-03528 Investigator: Jack Grimm Inspection Date: Tuesday, April 23, 2024 Inspection Time: 10:00 AM

Complainant: Stephen Hale Respondent: Power4ward LLC Ostrom Not Present: Not Present:

Jobsite General Notes: No one was present representing Power4ward LLC. License #335154 CR-11 Electrical for Power4ward is still active as of this date 4-30- 24.

Complaint Item #1: Power4Ward was contracted to install solar panels in December of 2023. Construction started in January of 2023 but was stalled until August and November 2023. I'm paying on a loan for more than a year for solar panels that I'm not able to benefit from. I have 3 breakers in my house were mis-wired, so my kitchen and garage have no power. I would like my solar panels to be working and connected to SRP’s grid. I would like my breaker box fixed including the 3 connections that were mis-wired. Investigators Observation: It appears that most if not all of the components are in place with some finishing items to be addressed to make the system operational. A new whole house panel was installed and the old panel was used as a sub panel. This work was approved by the city code jurisdiction on 11-12-23. Homeowner states three (3) areas of the house have no power when the new panel was installed. Solar system is incomplete and not operating. Project appears to be abandoned. *Complete solar system, correct location in the home with no power and obtain all required inspections and approvals by code jurisdiction and utilities and make system operational. Governing Rule: 32-1154(A)(3) Poor or incomplete work – A contractor shall perform all work in a professional and workmanlike manner. 32-1154(A)(1) Abandonment – Abandonment of a contract.

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

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Stephen Hale Ostrom, Case No. 2024-03528 COMPLAINANT, v. Power4ward LLC, CITATION License No. ROC 335154, RESPONDENT.

The Registrar issues this Citation to Power4ward LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 18, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On March 26, 2024, Stephen Hale Ostrom (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(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. 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. 2024-03528. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than June 18, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A).

The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 3, 2024.

By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 3, 2024 to:

Respondent Certified Mail No: [number redacted] Power4ward LLC 78881 Ave .42 Indio, CA 92203

Copy mailed by USPS First Class mail this same date to:

Respondent Power4ward LLC 78881 Ave. 42 Indio, CA 92203

Complainant Stephen Hale Ostrom 6312 N. 37th Dr. Phoenix, AZ 85019

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

Case No. 2024-03528

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

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

Stephen Hale Ostrom Mailing Address (Enter jobsite in Contract/Project section) City State Zip

6312 N. 37th Dr. Phoenix Arizona 85019 Phone Number Email

(480) 965-3266 [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Power4ward LLC ROC 335154 Street Address City State Zip

Phone Number Email

480-674-8056 [email redacted] Name of Person(s) Representing License

Sam Molinar, Lee Contract/Project Information Contract Date Contract Amount Amount Paid

December 7, 2022 $38,280.25 $38,280.25 Date Work Started Date Work Stopped Date Work Was Completed

January 5, 2023 December 28, 2023 March 26, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

6312 N. 37th Drive Phoenix AZ 85019 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Written All change orders were N/A This project was Residential This project involved Other Residential Solar Installation A building permit was obtained by Contractor QPR-[number redacted] Phoenix, Arizona List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Power4Ward was contracted to install solar panels in December of 2023. Construction started in January of 2023 but was stalled until August and November 2023. I'm paying on a loan for more than a year for solar panels that I'm not able to benefit from. I have 3 breakers in my house were mis-wired, so my kitchen and garage have no power. Allegations Listed on Complaint:

I would like my solar panels to be working and connected to SRP's grid.

I would like my breaker box fixed including the 3 connections that were mis-wired.

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

Stephen Hale Ostrom \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 From: [email redacted] on behalf of Sunlight Financial Support To: [email redacted]; [email redacted] Cc: [email redacted] Subject: Solar System Installation Key Details Date: Tuesday, December 13, 2022 5:21:25 PM

Hello STEPHEN OSTROM, Congratulations on your decision to go solar! In addition to benefiting from energy costs savings and energy independence, you are also contributing to create a healthier planet by reducing the overall carbon footprint!

Sunlight has partnered with Power4ward LLC to ensure that you understand the terms of your loan and have an enjoyable solar experience. Over the coming weeks, we will provide you with details around going solar, including information about your loan, tax credits, voluntary payments, and more. Below you will find some key details and frequently asked questions regarding your solar financing.

Key Details Installation Address: 6312 North 37th Drive, Phoenix, AZ 85019 Loan Amount: $38,280.25 Term: 300 months APR and Monthly Payments: If payment by ACH and required banking information provided by system installation Fixed APR of 3.99% Monthly Payment: $145.60 for the first 17 payments, increasing to approximately $208.44 if the 30% voluntary payment of $11,484.08 is not paid by the 17th payment. There are no prepayment penalties. If payment by method other than ACH (i.e. by check, money order or other formats) Fixed APR of 4.49% Monthly Payment: $153.81 for the first 17 payments, increasing to approximately $219.82 if the 30% voluntary payment of $11,484.08 is not paid by the 17th payment. There are no prepayment penalties. Your first monthly payment will begin approximately 60 days after the system is installed, not after it is generating electricity. The first payment date on your Solar Energy System Loan Agreement and Promissory Note is an estimate only.

Frequently Asked Questions

What is the Solar Investment Tax Credit?

The Solar Investment Tax Credit (ITC) is a federal tax credit that you may be able to claim on your federal income taxes for a portion of the cost of a solar photovoltaic (PV) system. Please consult your tax advisor for any additional guidance. When does the Solar ITC EXPIRE or CHANGE?

The solar investment tax credit will return to 30% of the cost of the system effective as of January 1, 2022 and remain in effect at that rate through December 31, 2032. The new tax credit will retroactively apply to any consumers who purchased and placed a solar system in service in 2022. Effective January 1, 2033, the tax credit will decrease from 30% to 26%. The tax credit will further reduce to 22% effective January 1, 2034, before being fully phased out in 2035. Please consult your tax advisor for any additional guidance.

How do I know if I’m eligible for the Solar ITC?

You may qualify for certain federal, state, local, or other rebates, tax credits or incentives. Sunlight makes no representation or warranty as to whether any such credits will be available to you. Please consult your tax advisor for any additional guidance.

What is Sunlight’s Policy for ACH / Automated Payments?

Sunlight offers borrowers the option to conveniently make their monthly automated payments through the Automated Clearing House (ACH).

How do I submit the required banking information for the ACH discount pricing if I opted-in at loan signing, but I didn’t provide the banking information?

Sunlight will provide reminder emails with an option to securely upload your required banking information up to the time of system installation. In addition, our support team will be available 7 days a week to collect your banking information at (888)850-3359.

How will you keep me informed about my solar loan?

Sunlight will be in frequent communication with you throughout your solar experience. Our objective is to effectively share the details of your solar loan, the next steps in the loan process, and when future payments are due. Over the coming weeks, you will receive several emails, letters, and mobile texts to ensure you understand the solar process and have the resources you need to go forward.

La traducción al español de este o cualquier documento o comunicación está disponible llamando al (888) 204-8127. 0066S000015O1OHQA0 From: [email redacted] on behalf of Sunlight Financial Support To: [email redacted] Cc: [email redacted] Subject: Summary of Key Loan Terms Date: Friday, January 13, 2023 1:57:47 PM

Hello Mr./Mrs. OSTROM, We are excited to partner with Power4ward LLC to help you go solar! We sincerely appreciate and support your commitment to clean energy and financial independence. Our goal is to provide you financing that is simple, affordable, and easy to understand. To that end, we have provided below some key details and terms of your solar financing. All of these items can also be found in greater detail in your Solar Energy System Loan Agreement and Promissory Note, which you have previously signed via DocuSign. Any discrepancies will be governed by the Solar Energy System Loan Agreement and Promissory Note.

Installation Address: 6312 North 37th Drive, Phoenix, AZ 85019 Loan Amount: $38,280.25 APR: Fixed APR of 3.99%

The Updated Truth in Lending Act Disclosure embedded below reflects your reduced APR based on your selection to pay by ACH and submission of the required banking information.

Term: 300 months Monthly Payment: $145.60 for the first 17 months, increasing to approximately $208.44 if the 30.0% voluntary payment is not repaid by the 17th payment . There are no prepayment penalties. Your first monthly payment will begin approximately 60 days after the system is installed, not after it is generating electricity. The first payment date on your Solar Energy System Loan Agreement and Promissory Note is an estimate only. You are giving us a security interest in the solar panels, inverters, and any equipment related to this transaction. Your obligation to repay this loan is independent of system performance. We may disable the system in the event of a default. Any subsequent changes to the system design that impacts your loan amount may not be reflected in this summary, however, will be detailed in a revised Solar Energy System Loan Agreement and Promissory Note that you will sign.

Truth in Lending Act (TILA) Disclosure Amount Total of ANNUAL FINANCE Financed (e) Payments (e) PERCENTAGE CHARGE (e) RATE (“APR”) The amount of The amount you The dollar amount credit provided to will have paid after The cost of your credit the credit will cost you or on your you have made all as a yearly rate you behalf scheduled payments 3.99% $22,975.83 $38,280.25 $61,256.08 Payment Schedule (e): Monthly payments are due commencing approximately two months after the Installation date, as follows: 17 payments of $145.60, followed by 281 payments of $208.44 and a single payment of $209.24.*

Late Fee: If any part of a payment is more than ten days late, we will charge you a late fee equal to 5% of the scheduled payment or $25, whichever is greater.

Security Interest: You are giving us a security interest in the System, including any modifications, attachments, improvements, revisions and/or additions thereto (the “Equipment”) and in your contractual and other rights, if any, regarding renewable energy credits and similar benefits.

Prepayment: If you pay this loan early, you will not have to pay a penalty.

Contract Reference: See the remainder of this Note for any additional information about nonpayment, default, our right to accelerate maturity of this Note and prepayment rebates and penalties.

(e) means an estimate

* Assumes no voluntary payments. If you make all payments on time and in full and also pay $11,484.08 (30.0% of the Amount Financed) by the scheduled date of your 17th payment, your subsequent scheduled monthly payments will be reduced to the approximate level of your prior monthly payments.

ITEMIZATION OF AMOUNT FINANCED Amount Financed/Gross Amount Due to Contractor for System.......... $38,280.25

If you have any questions or concerns, please call us at (888) 850 – 3359 and press option 1 or email us at [email redacted]. We appreciate your business. 0066S000015O1OHQA0 From: [email redacted] on behalf of Sunlight Financial Support To: [email redacted]; [email redacted] Cc: [email redacted] Subject: Solar System Installation Key Details Date: Tuesday, December 13, 2022 5:21:25 PM

Frequently Asked Questions

What is the Solar Investment Tax Credit?

How do I know if I’m eligible for the Solar ITC?

What is Sunlight’s Policy for ACH / Automated Payments?

Sunlight offers borrowers the option to conveniently make their monthly automated payments through the Automated Clearing House (ACH).

How do I submit the required banking information for the ACH discount pricing if I opted-in at loan signing, but I didn’t provide the banking information?

How will you keep me informed about my solar loan?

Installation Address: 6312 North 37th Drive, Phoenix, AZ 85019 Loan Amount: $38,280.25 APR: Fixed APR of 3.99%

The Updated Truth in Lending Act Disclosure embedded below reflects your reduced APR based on your selection to pay by ACH and submission of the required banking information.

Late Fee: If any part of a payment is more than ten days late, we will charge you a late fee equal to 5% of the scheduled payment or $25, whichever is greater.

Prepayment: If you pay this loan early, you will not have to pay a penalty.

Contract Reference: See the remainder of this Note for any additional information about nonpayment, default, our right to accelerate maturity of this Note and prepayment rebates and penalties.

(e) means an estimate

ITEMIZATION OF AMOUNT FINANCED Amount Financed/Gross Amount Due to Contractor for System.......... $38,280.25

If you have any questions or concerns, please call us at (888) 850 – 3359 and press option 1 or email us at [email redacted]. We appreciate your business. 0066S000015O1OHQA0 6/3/24, 8:44 AM State of Arizona Mail - Fwd: Additional Info requested for Complaint No. 2024-03528.

Legal New Mail - AZROC <[email redacted]>

Fwd: Additional Info requested for Complaint No. 2024-03528. message

Stephen Ostrom <[email redacted]> Fri, May 31, 2024 at 2:02 PM To: [email redacted]

To Whom it may concern,

I've attached a different copy of the contract with Power4Ward, LLC which should not be locked or secured in any manner. Reach out if you have any questions.

Warm Regards,

Stephen Ostrom

---------- Forwarded message --------- From: Meridith Bell <[email redacted]> Date: Fri, May 31, 2024 at 10:59 AM Subject: Additional Info requested for Complaint No. 2024-03528. To: <[email redacted]>

The Registrar is in receipt of the license complaint you filed against Power4ward, LLC in Complaint No. 2024-03528. The copy of the contract with Power4ward is locked and protected. Please provide us with an unlocked copy of the contract by June 4, 2024 so we may complete our review of this complaint. Please send this document or any questions to [email redacted] making sure to reference the case number in the subject line of the email. Please contact me if you have any questions or concerns. Thank you.

Thank you.

Meridith Bell Legal Assistant II

Legal Department Arizona Registrar of Contractors Main: 602.542-1525

Email: [email redacted]

The ROC is now on social media! Make sure to follow us on:

Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you!

INSTALL AGREEMENT FOR STEPEHEN OLSON (3).pdf 327K

https://mail.google.com/mail/b/AEoRXRTwth61XcU0lHjlnLRumXKsTW-ZSo7Zr_cnt38xNAY1BOc2/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1

"# "#! Client 1:________________________________________________ Client 2:________________________________________________ Date:__________________________ 1*/ Address:________________________________________________ Consultant:___________________ "', *.)-+3& City, ST, Zip:____________________________________________ Phone:__________________________________________________ 0.01/.,'02)(2 Email:__________________________________________________ "! Utility Company: _______________ Account number: __________ Estimated Time of install:___________ Estimated Turn On: _________

Solar Electric (PV) system information and Components

Model Number:Hanwa Q PEAK DUO BLK ML G-10 400 Module Quantity: _____ Inverter(s): 1 ENPHASE ENERGY IQ8PLUS-72-2-US Optimizer Quanity: _____ ___ 38,280.25__________ Total Cost: Due at Signing: __________ Due at Site Drawing: _________ Due upon City Clearance: _______ Due after permits received: ____ Notice to Buyer: • You are entitled to a copy of this agreement at the time you sign it. • You may pay off the balance stated by this agreement at any time. • You have a three-day right to refusal after signing this agreement unless stated otherwise in this agreement. • Power4ward shall not enter your premises unlawfully • Power4ward will not repossess goods purchased under this agreement • This contract must be approved by Power4ward before it becomes a Binding agre ement • “You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. 12/07/2022 Customer Signature:__________________________Date:_______________ Stephen Ostrom (Dec 7, 2022 20:52 MST)

Customer Signature:__________________________Date:_______________ Power4ward Electric:_______________________Date:________________ #!% $$"!$!"#!### Terms & Agreement • Power4ward LLC. and the customers agree to enter into an agreement to Construct and install a Photovoltaic system and/or other energy savings products at the location stated on this agreement. The data used in our calculations is estimated by the customers’ usage. • This quote is valid for 30 days unless stated otherwise. • Photovoltaic module availability Xluctuates. Therefore Power4ward LLC. has the right to use modules of equal or greater wattage. • Power4ward LLC will install the Photovoltaic system according to their highest standards, as well as the standards available to local building codes. Power4ward LLC will inspect the Service Entry Section to assure that it is compatible with the given Photovoltaic system according to National Electric Code. Any SES upgrade and code violations are the responsibility of the Customer. • Power4ward LLC will conduct a site survey to determine the structural integrity of the roof. Pre-existing roof conditions may delay the installation. These conditions will be commun icated to the customer. Unless stated otherwise in this agreement it is the custom ers’ responsibility to Xix these pre-existing conditions.

• Power4ward LLC Is not responsible for damages outside of their control or pre-existing damages. Power4ward LLC will investigate all damages to determine if they are at their fault. If the damages are fault to the company Power4ward will makes repairs at not cost to the customer as long as damages do not exceed current value of damaged items. • Customer understands that Power4ward LLC may use subcontracts to complete work. • Power4ward LLC Costs of all Permit fees and schedule all inspections with the assigned AHJ. Power4ward LLC will not be liable for any trenching. Trenching is an added • expense to the customer, unless stated otherwise in this agreement.

• If the customer canceled any time after midnight of the third business day for any reason, a cancelation fee of $500 will be issued and due within 5 business days to cover costs of the started project. • Customer understands and agrees to the payment structure supplied by. Power4ward LLC Payments are due within 5 business days from invoice date. If the payment is late there will be a $25 charge per day until the balance is paid in full. • If there is any litigation to enforce under this agreement, the prevailing party will be entitled to recover all costs, legal fees, and expenses. • While preforming work Power4ward will not be held responsible for cracks or nail protrusions in drywall due to existing improper structural integrity. • If AHJ requires a structural engineering stamp, the customer is responsible for an additional fee of $1,500.00 • The Customer understands that there may be change orders to this agreement, however will not be an expense charged to the customer. Customer will have to approve the change order before proceeding. • Power4ward will handle all HOA responsibilities, however the customer may need to sign an HOA solar application. It is in Arizona state statute that an HOA cannot prohibit the i nstallation or use of a solar system.

12/07/2022 Customer Initial:_____________________Date:________________ SO

Warranty • Peimar has a 20-year product warranty stating, for 20 years the product will be free from d efects in design, material, workmanship or manufacture that materially impede their func tioning, and will conform to the speciXications and the drawings applicable thereto. • Peimar has a 30-year warranty on power output, which is loss of power output relating to the initial guaranteed power output. For Mono-crystalline Products 3% in the Xirst year, th ereafter 0.59% per year, ending with 79.90% in the 30th year. • Solar edge 25-year optimizer warranty. The warranty period shall not exceed the maximum of (1) the module product warranty or (2) the module power warranty periods provided by the applicable module manufacturer. • Power4ward will preform the work if the customer has to claim any warranty. Warran ty claim must be legitimate according to the manufacturers warranty. Manufacturer will pay for labor and equipment if a legitimate warranty is claimed. • Power4ward warrants that the System will be constructed and installed in a good workmanlike manner according to the standards of care and diligence generally practiced by solar engineering, construction, and installation companies when installing residential photovoltaic solar power systems of a similar size and type as the System in the geographic region where Your Property is located, and pursuant to (i) good engineering design practices, (ii) manufacturer’s instructions, (iii) applicable law (including local codes and standards), (iv) required governmental approvals and permits, and (v) applicable requirements of the local utility. This 5-Year Limited Workmanship and Installation Warranty will extend for a period of Xive (5) years from the date installation of the System is completed by Southwest Electric.

• 5-Year Limited RooXing Penetration Warranty. Power4ward warrants Your roof against damage and water inXiltration at each rooXing penetration made by Southwest Electric in connection with the installation of the System and the surrounding area of each such penetration (collectively, the “Covered Roof Areas” . Power4ward will repair damage to your roof and repair or compensate You for actual physical damage to Your property resulting from any water inXiltration in the event of failure or defects in the Covered Roof Areas.

12/07/2022 Customer Intial:_____________________Date:_________________ SO

Maintenance • Very little maintenance is required for our systems. Washing the modules when they look dirty is basic maintenance, if hired out this work could cost you $400-$1000 over the lifetime of the system, which is 30-50 years.

Disclosures • Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action.

Tax Incentive

• Federal Tax Incentive is 30% of total system cost.

• State Tax Incentive is $1000 or 25% of system cost which ever comes Xirst.

• Please consult your tax professional for details Ultra Energy Installations is not responsible to give you tax advice.

12/07/2022 Customer Initial:__________________Date:________________ SO

NOTICE OF CANCELLATION (Date) You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If 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 sale, 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. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to [Name of seller], at [address of seller's place of business] NOT LATER THAN MIDNIGHT OF [date]. I HEREBY CANCEL THIS TRANSACTION. (Date)____________________________________________________________________________ (Buyer's signature) ________________________________________________________________ 6/19/24, 8:40 AM State of Arizona Mail - Roc Case 2024-3528 Response

Legal New Mail - AZROC <[email redacted]>

Roc Case 2024-3528 Response messages

Neco Ameen <[email redacted]> Tue, Jun 18, 2024 at 1:21 PM To: [email redacted]

Good Afternoon In response to the project listed below. I will comply and ensure this project is completed.

Best Regards,

-- Neco Ameen Power4ward VP of Sales www.Power4ward.com (949) 942-3484

Legal New Mail - AZROC <[email redacted]> Tue, Jun 18, 2024 at 3:20 PM To: Neco Ameen <[email redacted]>

Good afternoon,

Please provide Complaint number.

Thank you,

Arizona Registrar of Contractors Legal Department

Fill out AZ ROC’s survey to let us know how we’re doing and how we can better serve you!

[Quoted text hidden]

Neco Ameen <[email redacted]> Wed, Jun 19, 2024 at 7:15 AM To: Legal New Mail - AZROC <[email redacted]>

2023-06420

Thank you, [Quoted text hidden]

https://mail.google.com/mail/b/AEoRXRQNiFcKXo1_qRUFIOKz3SB7IAiT0tE9VhmSwJNqPV9V0xmD/u/0/?ik=d3afebeda9&view=pt&search=all&permt… 1/1 ÿ ÿ

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z{{|ÿV~ÿ_ÿZÿm~ÿZaÿ|{{ÿÿÿÿm~ÿ{z|z|ÿÿÿÿ]ÿ{z|z|ÿÿÿÿ~ÿÿÿÿ~~~ Complainant: Stephen Hale Ostrom 6312 N. 37th Dr. Phoenix, AZ 85019

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Power4ward LLC 78881 Ave 42 Indio, CA 92203

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 29, 2024

Re: Complaint No. 2024-03528

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, April 23, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Stephen Hale Ostrom 6312 N. 37th Dr. Phoenix, AZ 85019

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Power4ward LLC 78881 Ave 42 Indio, CA 92203

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 30, 2024

License No. ROC 335154

Re:Complaint No. 2024-03528

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

RESTRICTIONS  You may not perform or hire other contractors to perform work that is outside the scope of your license.  If your license is currently suspended for administrative reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

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

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

Sincerely,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [email redacted] 1700 W Washington St. Suite 105 Phoenix, Arizona 85007-2812

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