2024A-03973-CHC-ROC Notice of Hearing & Packet MAILED 2024-03973.pdf

2024A-03973-CHC-ROC · Registrar of Contractors · 2024-07-08

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Ron R. LaRue , Case No. 2024-03973

COMPLAINANT, Docket No. 2024A-03973-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Arizona Energy Pros Inc. License No. ROC 255816,

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 Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

You must attend this hearing. This is an adversarial hearing before an administrative

law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 6, 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(c)

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 8, 2024.

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

Copy mailed via USPS First Class mail July 8, 2024 to:

Respondent(s) Arizona Energy Pros Inc. 23021 N 15th Ave Ste. 107 Phoenix, AZ 85027

Complainant(s) Ron R. LaRue 35040 N 10th St Phoenix, AZ 85086

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. 2024-03973 /

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: Ron R. LaRue LaRue Construction LLC 35040 N 10th St PHOENIX, AZ 85086

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: Arizona Energy Pros Inc DBA: 23021 N 15th Ave Ste 107 Phoenix, AZ 85027

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 April 8, 2024

Re: Complaint No. 2024-03973

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, May 9, 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,

Joey Chester Joey Chester, Investigator 602 7716737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

Case No.: 2024-03973 Investigator: Joey Chester Inspection Date: Thursday, May 9, 2024 Inspection Time: 10:00 AM

Jobsite Address: 35040 N. 10th street Phoenix, AZ 85086

Complainant: Ron R. LaRue Respondent: Arizona Energy Pros LaRue Construction LLC Inc Not Present: Not Present:

Jobsite General Notes: JSI occurred on Thursday May 9th 2024 at 10:00am. Homeowner Ron Larue was present but no one from Arizona Energy Pros was available for inspection. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: The system has not worked since the beginning of March 2024. Contractor will not answer phone calls or emails. Went by their office, and it no longer exists. The system doesn't work Investigator’s Observation: At the time of inspection there is burned wire for the system in the box, the respondent will need to fix by appropriate means to get the system back working. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

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

Complaint #2024-03973 P 1 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 2 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 3 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 4 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 5 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 6 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complaint #2024-03973 P 7 JSI date 5/9/2024 at 10:00 AM JSI PHOTOS Complainant: Ron R. LaRue LaRue Construction LLC 35040 N 10th St PHOENIX, AZ 85086

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: Arizona Energy Pros Inc DBA: 23021 N 15th Ave Ste 107 Phoenix, AZ 85027

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 May 9, 2024

License No. ROC 255816

Re:Complaint No. 2024-03973

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 Monday, May 27, 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 ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent: N/A

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

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

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

Ron R. LaRue, Case No. 2024-03973 COMPLAINANT, v. Arizona Energy Pros Inc. CITATION License No. ROC 255816,

RESPONDENT.

The Registrar issues this Citation to Arizona Energy Pros Inc. (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 21, 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 April 5, 2024, Ron R. LaRue (“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. Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9- of 5

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. 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. 2024-03973. 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 21, 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 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

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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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 6, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 6, 2024 to:

Respondent Certified Mail No: [number redacted]

Arizona Energy Pros Inc. 23021 N 15th Ave Ste. 107 Phoenix, AZ 85027 Copy mailed by USPS First Class mail this same date to:

Respondent Arizona Energy Pros Inc. 23021 N 15th Ave Ste. 107 Phoenix, AZ 85027 Complainant Ron R. LaRue 35040 N 10th St Phoenix, AZ 85086

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. 2024-03973

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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)

Ronald R. LaRue LaRue Construction LLC ROC 336001 Mailing Address (Enter jobsite in Contract/Project section) City State Zip

35040 N. 10th street Phoenix Arizona 85086 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

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

Arizona Energy Pros Inc ROC 255816 Street Address City State Zip

23021 N 15th Ave Ste 107 Phoenix AZ 85027 Phone Number Email

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

Russell Lee Garfner Contract/Project Information Contract Date Contract Amount Amount Paid

July 18, 2022 $89,981.69 $89,981.69 Date Work Started Date Work Stopped Date Work Was Completed

July 18, 2022 June 13, 2023 June 13, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

35040 N. 10th street Phoenix AZ 85086 Name of Construction Site Owner Construction Site Name (if applicable)

Ronald R. LaRue Phone Number of Construction Site Owner Email of Construction Site Owner

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

The system does not work. Allegations Listed on Complaint:

Contractor will not answer phone calls or emails. Went by their office, and it no longer exists. The system doesn't work

The system has not worked since the beginning of March 2024.

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

Ronald R. LaRue \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 23021 N. 15th Ave, Ste. 107 Phoenix, AZ 85027 P: (602) 863-6900 E: [email redacted] www.aepros.com ROC 263121, ROC 255816

Dear Customer,

Thank you for going solar with Arizona Energy Pros, Inc. Congratulations on your new Solar System! We hope you enjoy your solar for years to come. Please find your warranty paperwork, technical documents, and certificate of completion enclosed.

To keep your system running efficiently, we recommend you read all the manufacturer recommendations for proper maintenance. DO NOT POWERWASH MODULES OR INVERTER!

NEXT, CONTACT YOUR UTILITY COMPANY TO CHOOSE FROM THE PLANS THEY HAVE AVAILABLE THAT ARE COMPATIBLE WITH SOLAR. You may also contact us for a recommendation. Please note that the right plan for you will ultimately depend on your utility company’s available plans and how you use your electricity. Each situation can be different.

We strive for 100% customer satisfaction and appreciate your feedback! Let us know how we did by emailing us at [email redacted], or leave us a review on any of the following sites: Yelp, Google, Angie’s List, Solar Review, and Home Advisor. Did you know we also have a referral program? Contact us for details.

We appreciate your business and for being an avid supporter of green energy!

Sincerely,

Russell Gardner Russell Gardner President 23021 N. 15th Ave, Ste. 107 Phoenix, AZ 85027 P: (602) 863-6900 E: [email redacted] www.aepros.com ROC 263121, ROC 255816

Certificate of Completion

DATE: 6/13/2023

I hereby affirm, to the best of my knowledge and belief, based on inspections, observations, testing of the installed Photovoltaic (PV) System that this PV System is substantially complete and operable.

The Installed photovoltaic (PV) system complies with all requirements of Arizona State Statutes.

PROJECT INFORMATION Customer’s Name: Ronald La Rue Service Location: 35040 N 10th St Phoenix AZ 85086

PROJECT DESCRIPTION Installation of Solar Photovoltaic System

CONTRACTOR INFORMATION Arizona Energy Pros, Inc. 23021 N. 15th Avenue, Suite 107, Phoenix, AZ 85027 602-863-6900 ROC 255816, ROC 263121

Certified by, Russell Gardner Russell Gardner President DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

SALES & SERVICE AGREEMENT

Notice to Buyer: Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. You are entitled to a copy of this agreement before any work may be started. It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement.

Date: 7/18/22 Seller Information: Installer's Name: Arizona Energy Pros, Inc. Email: [email redacted] Installer's Phone: 602-863-6900 Consultant Name: Carlos Email: [email redacted] Consultant's Phone: 602-802-4009

Purchaser Information: Client 1 Name: Ronald La rue Client 1 Email: [email redacted] Client 2 Name: N/A Client 2 Email: N/A Phone: (480) 309-9438 Alternate Phone: N/A Address: 35040 N 10TH ST City, State, Zip: PHOENIX, AZ 85086 Utilty Co: APS Account #: Not Provided HOA: No HOA Name: Not Provided

System Specifications: Arizona Energy Pros, Inc (AEPros) agrees to furnish and install a Solar Photovoltaic System at the address indicated above. Purchaser agrees AEPros is not liable for any promises not stated in this contract.

Warranty Level: Manufactures System Size (kW): 17760 Roof Mount: Yes Module Qty: 48 Manufacturer:Longi 370 Model #: LR4-60HPH-370M Watts: 370 Optimizer Qty: 48 Manufacturer: Enphase Inverter Qty/Model: IQ8M-72-2-US Battery System: 0KW Electrical Panel Upgrade (Req’d above 9.5kW): Yes Energy Management System (SRP): No Upgrades (i.e., re-roof, pigeon proofing…etc.): Includes permitting and necesarry panel upgrade. Includes bird netting. Estimated Time of Install: 8/17/22 to 10/31/22 Est. Turn On 11/15/22

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 1 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

System Cost & Payments: Financing: Yes Cash/Check: No Cash/Check Progress Payments (does not apply to financing):

Total System Cost: $ 89,981.69 Deposit - $1,000 or 10% of total price, 0.00 whichever is greater (Due at Signing):

Upgrades: $ - Payment 1 – 40% of Contracted Amount 0.00 (Due upon Site Drawings Completion):

Down Payment: $ - Payment 2 – 30% 0.00 (Due upon Permit Completion):

Total Contracted Amount: $ 89,981.69 Payment 3 – 20% 0.00 (Due upon City Clearance):

This Sales & Service Agreement is in effect as of the buying date ("Date") by and between Arizona Energy Pros, Inc. (the "Company”) and the undersigned purchaser(s) (the "Buyer''). Company agree to sell and Buyers agree to purchase the solar electric system products and services (the "Products'') for the Contract Price (including any financing terms if necessary) specified in Appendix A - Contractual Terms and Conditions as set forth in this Sales & Service Agreement.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 2 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

Appendix A - Contractual Terms and Conditions

ARS 44-1763: Arizona Energy Pros, Inc (the “Company”) has provided a copy of ARS 44-1763 contract (Schedule 1 of this Agreement) with regards to Financing, Sale or Lease Agreements for Distributed Energy Generation Compliance with applicable Codes and Laws: All work shall be performed by Seller in a workmanlike manner and in full compliance with all applicable building codes and other applicable laws. Seller shall at its own expense obtain and possess all necessary licenses, permits, and other things necessary and required for the proper performance of the work.

USE OF SUBCONTRACTORS: Company may utilize subcontractors to perform portions of the work. If subcontractors are utilized Company shall fully pay for their services.

LIABILITY INSURANCE: At all times during the actual installation the Company shall keep in force a Commercial General Liability Insurance policy with limits of not less than one million dollars, and excess insurance coverage of not less than two million dollars, to insure for injury to Company's employees and subcontractors, incurring loss or injury as a result of the acts of the Company, its employees and subcontractors.

TAXES: Company shall pay all taxes required by any taxing authority having jurisdiction over the project.

DELAYS: Company shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Company are its best estimates and subject to change. Company's performance is based upon the prompt, complete and accurate fulfilment of the Customer's obligations including payment(s).

WARRANTIES: Customer will be provided with the standard warranties from major equipment manufacturers. In addition, Company warrants your roof against damage and water infiltration at each roof penetration made by Company in connection with the installation of the system and the immediately surrounding area of each such penetration point (collectively, the "Covered Roof Areas") for five (5) years. This roof warranty will be voided if work is performed on the Covered Roof Areas by Customer or any third-party during the warranty period. The roof warranty does not cover any: (a) leaks occurring in areas of the Property’s roof not impacted by the System (i.e., areas of the roof which are not the Covered Roof Areas), (b) pre-existing and/or underlying failures of the Property’s roof, (c) damage to the Property’s roof caused by foreign objects (i.e., golf balls, hail, etc.), or (d) insufficient or improper maintenance by Customer or any other third-party. Company will repair damage to your roof and repair or compensate you for actual physical damage to your property resulting from any water infiltration in the event of failure or defects in the covered roof areas. By signing this contract, the Buyer acknowledges Company does not manufacture the equipment and understands the manufacturer is responsible for performance of the equipment under their respective warranties. Upon payment in full, Company shall provide Buyer with the manufacturers’ warranty paperwork and manuals Modules sold by Company will carry warranties no less than: (25) year linear performance warranty against degradation in power output of more than 3% the first year and .8% every year after from the original rated output, and (10) year workmanship warranty. Inverters sold by Company will carry warranties no less than: (10) year warranty against defects resulting in electrical output of more than 15% deviation from the original rated output for inverters, or optional (20) to (25) year extended warranty against defects resulting in electrical output of more than 25% deviation from the original rated output for inverters. The cost of the qualified inverter shall be covered if it fails within the warranty period. However, there will be a charge to change it out. Company will warranty the installation for a period of (10) years against defects that results in degradation in electrical output of more than 15% from the originally rated output from the date of completed installation. This warranty provides no-cost repairs or replacements of affected components, including any associated labor during the warranty period not otherwise provided by the manufacturer, and excludes the diagnostic service charge. For a period (5) years, Company will warranty the roof against any roof leaks as a result of PV penetration points. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND COMPANY WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL PROPERTY OR COMMERCIAL DAMAGE OF ANY NATURE WHATSOEVER. Please see the below Arizona warranties statute regarding your rights with respect to warranties provided to you by solar companies.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 3 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

DISCLAIMER & WAIVER: Company disclaims, and Customer waives, any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, third parties, fire, storm, flood, or other acts of God. Company shall not be liable for any direct, indirect, or consequential damages, losses, costs or other expenses, however arising, in contract or in total, including without limitation any economic losses of any kind, losses or damage to property or personal injury. Company disclaims any responsibility for the systems use or its operation for any intended purpose. (BUYER INITIALS) ____________________

INDEMNITY FOR EXTRANEOUS DAMAGES: Company is not responsible for damages out of our control including, but not limited to, damage by birds or pests, falling objects, code violations, weather or pre-existing condition damages, or damages caused by third parties or unforeseen circumstances (“Extraneous Damages”). Company will investigate all damages and if we are determined to be at fault, the damages will be repaired at Company expense not to exceed current value of damaged items. When performing work in an attic, Company shall not be held responsible for cracks or nail protrusions in drywall due to pre-existing improper structural integrity or other Extraneous Damages. Customer agrees to indemnify, defend, and hold harmless Company from any and all claims, damages, liabilities, actions, and suits of any kind from Customer or third parties resulting from damages to customer’s home or to the solar panel system that are related to any Extraneous Damages. (BUYER INITIALS) ____________________

ELECTRICITY GENERATION: Company and its partners are not responsible for the electrical production generated by the installed system due to obstructions from the sun such as trees, towers, buildings, or other obstructions, changes in the season, changes in customer’s electrical usage, Extraneous Damages (as defined above) or changes in environmental conditions such as weather, precipitation, smoke, fog, cloud cover, air pollution, etc. Buyer agrees to indemnify, defend, and hold harmless Company from all claims, liabilities, damages, and suits of any kind from any such decline in electrical production due to obstruction of the sun not caused by Company, and by other Extraneous Damages. (BUYER INITIALS) ___________________

PAYMENT: Buyer agrees to pay Company the total price, which includes applicable tax, according to the schedule set forth above, including any change orders or extras caused by unforeseen conditions or requests of the Buyer. Invoices are due Net five (5) days from invoice date. Company shall be entitled to charge a late fee in the amount 1.5% per month for all balance past due per the Payment Schedule. Buyer agrees to pay all collection costs (including attorney fees and court costs) incurred by the Company to collect past due amounts.

TERMINATION BY CONTRACTOR: If Buyer (i) fails to make payment at the due dates and in the amounts provided for in this contract, or in any other way violates the terms or conditions of the contract, or (ii) causes a material breach of this Agreement, Company may, upon seven (7) days’ written notice to Buyer, elect to suspend the work until the default is cured or terminate this contract. The election to either suspend or terminate shall be solely at Company’ discretion. In either case Company shall recover all costs incurred in pursuing the work, including all labor, material and equipment costs or commitments, restocking or termination charges, demobilization costs, solar system removal expenses, costs of enforcing any liens related to the project, and mark-up on all costs for reasonable overhead and profit.

TERMINATION BY BUYER & CANCELLATION FEE: Buyer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction without incurring a cancellation fee. Buyer must sign and deliver the Notice of Cancellation found on Schedule 2 of this Agreement to Company to Terminate this Agreement during the 3-day recission period. If the project is cancelled after midnight of the third business day from execution of this Agreement (see Notice of Right to Cancel on Schedule 2) for any reason, the initial deposit less expenses incurred by Company will be returned to the customer. Incurred expenses may equal or exceed the deposit and may include any restocking charges, and labor costs. In the event buyer cancels the project any time after 11 days after midnight of the third business day from execution of this Agreement, then only 50% of the initial deposit will become refundable to Buyer, less any costs incurred by Company, which Buyer shall be liable to pay Company. In the event Buyer cancels the project any time after 21 days after midnight of the third business day from execution of this Agreement, then the initial deposit becomes non-refundable and Buyer will be liable to pay Company for any costs or expenses incurred by Company including, but not limited to restocking charges, permit costs, up- front sales commissions, and labor costs. Financed Buyers will be invoiced for costs, expenses, and profit loss incurred by Company in relation to the Services Company has rendered for Buyer. Buyer agrees to pay all collection costs, including attorney fees and court costs incurred by the Company to collect past due amounts. (BUYER INITIALS) ____________________

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 4 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

CHANGE ORDERS: Company and the Customer recognize that unforeseen conditions or factors may become known subsequent to the time that this contract is signed. In addition, Customer may desire a change that would add time and cost to the work. If these or other events beyond the control of the parties require adjustment to this contract, the parties shall make a good faith attempt to agree on all particulars including cost. Such agreements shall be put in writing, signed by the parties and amended to this contract.

CHANGES IN PROPOSED SYSTEM & COST: Not all changes affect the cost of the system. In the event that the cost is affected due to a necessary change made to the system or project, the Buyer is responsible for payment of said changes and for any and all change orders up front. Any stop work due to Buyer changes will be charged 5% of the total balance due per day and will remain in place until the customer pays for the change order and stop work pay. It is Company’s goal to factor the amount of savings the Customer will achieve by installing the PV system. All Claims are estimated based on current and past information. Possible changes that may occur are listed but not limited to the following:

a) PV module availability fluctuates. Therefore, Company reserves the right to substitute modules of equal or greater total array wattage and warranty. Company will provide the Buyer with a change order if a substitution is required. b) Company will inspect and determine if the roof has the structural integrity to support the installation of the PV System. Pre-existing roof conditions in need of correction prior to the PV installation may be identified and reported to the customer. The project may be delayed until identified corrections are made. c) Company will be responsible for the first $350.00 for permit fees. Any permit fees exceeding $350.00 will be the responsibility of the Buyer. Most permit fees do not exceed $350.00. Company will handle scheduling of inspections with the appropriate Authority Having Jurisdiction (AHJ). d) When applicable, Company will be responsible for the first 20 ft. of trenching. Any trenching beyond 20 ft. will incur a cost of $20.00 per foot, which includes conduit, wire, labor, and equipment. Company is not liable for excavating areas which cannot be excavated by usual methods. Buyer’s cost will be determined on a case-by-case basis. e) If the Authority Having Jurisdiction (AHJ) requires Company to have a third-party Structural Engineering Stamp, the Buyer is responsible for an additional fee of $1,500.00. f) Company will install the PV array adhering to all readily available local building codes. Company will inspect the Service Entry Section (SES) to assure compatibility with the PV System in accordance with the National Electric Code (NEC). Any SES upgrade costs, and code violations are the responsibility of the Buyer.

DELAYS IN INSTALLATION: Buyer agrees that Company shall not be responsible for delays in delivery, construction or installation of the solar system caused by Company, Company’s agents, new construction, fire, acts of nature, strikes, production and/or shipment delays, material shortages, war, terrorism, government, or utility regulations, permitting or inspection delays, payment disputes, change orders, financing delays, soil conditions, and/or any other matters of conditions beyond Company’s control.

CONTRACTOR COMPLETION CERTIFICATE: Buyers agree that they will sign a Contractors Completion Certificate, within (72) hours of installation completion as well as any other documents deemed necessary by any financial institution which provides financing to Buyers in order to acquire the Products.

MAINTENANCE: The respective manufacturers outline recommended maintenance in their manuals. It is up to Buyer to follow the maintenance requirements in the manufacture’s manual. Manufactures’ manuals will be emailed to Buyer after Company installs the system and Buyer has made payment in full to Company for the system. It is Buyer’s responsibility to read and understand the manufacture’s manuals. Company is not responsible for Buyer’s failure to maintain the system as recommended in the manufacturer’s manuals.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 5 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

INTERCONNECT AGREEMENT: Buyer may also have the opportunity to enter an “Interconnect Agreement” with his or her local utility. Company makes no representation or warranty concerning the availability or terms of any such Interconnect Agreement. Company agrees to prepare and submit any reasonably requested forms to support an Interconnect Agreement. However, this Agreement is not dependent or conditioned, either expressly or impliedly, upon Buyer obtaining any such Interconnect Agreement. After entering into this Agreement, Buyer must cooperate with Company in order to obtain all requisite permits for installation and operation of the solar energy system, including but not limited to documentation necessary for Company to obtain permission to operate from the respective utility company. Failure of Buyer to comply with this section and cooperate with Company in order to obtain all requisite permits shall be deemed a material breach of this Agreement

DISPUTE RESOLUTION: In the event a dispute shall arise between the parties, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration & Mediation. The parties agree to share equally in the costs of the mediation.

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 and are just predictions. Buyer assumes the risk of utility rates changing despite any predictions of utility rates made by Company. Tax incentives are subject to change or termination by executive, legislative or regulatory action.

REBATES & TAX CREDITS: The current Federal Tax Credit is 26% of the total cost of the solar system. This credit can be applied on your Federal Tax Return up to the amount of your tax liability. You have up to 5 years to claim the tax credit. The State of Arizona’s Tax Credit reimburses you 25% of the cost of your solar system, up to $1000 for a one-time credit. Please consult your tax professional for details. This information is provided to you per state law and is not intended as professional tax advice. - Information for SRP customers: The SRP price plan for solar customers contains a per-kilowatt demand charge based upon energy supplied by SRP. By limiting simultaneous use of appliances during on-peak hours, you may keep the demand charge lower. A demand management system can help control demand through innovative technology that lets you automate when major appliances run, to make sure they don't run at the same time. SRP is currently offering a $250 rebate on a qualifying Energy Management System (EMS) when purchased and installed by an SRP preferred solar installer at the time of your solar installation. Any excess energy generated by your system will be paid back at retail prices and appear as a credit on your monthly electric bill.

NOTIFICATION OF HOA RESPONSIBILITIES. It is the Buyer/Homeowner’s responsibility to submit all paperwork related to their Homeowner Association (HOA) and pay any HOA fees for architectural review. Company will provide the homeowner with the necessary plans needed for submittal. HOA’s general requirements are (A) Application, (B) Approved Building Permit, (C) A Building Packet including, but not limited to, a site plan showing equipment and panel placement. Please check with your HOA office to confirm their specific requirements and notify our office in writing of documents required from Company for architectural review by the HOA. When Buyer acknowledges and confirms the installation date with Company, Company then assumes all Buyer HOA requirements have been met. Buyer agrees to defend, indemnify, and hold harmless Company for any claims, judgments, causes of action, losses, costs, or damages of any kind that arise out of Buyer’s failure or negligence in abiding by Buyer’s HOA requirements

For your reference Arizona State Statute 33-1816 provides that: a. Notwithstanding any provision in the community documents, an association [HOA] shall not prohibit the installation or use of a solar energy device as defined in section 44-1761. b. An association may adopt reasonable rules regarding the placement of a solar energy device if those rules do not prevent the installation, impair the functioning of the device or restrict its use, or adversely affect the cost or efficiency of the device. c. Notwithstanding any provision of the community documents, the court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 6 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

LIENS: Company and its subcontractors reserve the right to file a mechanics’ lien against Buyer’s property for any unpaid invoices, including change orders, not paid by Buyer as agreed. Assuming that Buyer has complied with this Agreement and has paid Company and its subcontractors, then Company will work with Buyer to provide any necessary lien releases. Company shall furnish Buyer releases or waivers of lien, from all companies, except finance companies, that have provided Buyer with a Pre-Lien Notice, through the date for which payment is being made. Buyer shall promptly advise Seller of its receipt of any Pre-Lien Notices.

UNAUTHORIZED PAYMENTS: Company assumes no responsibility or liability for payments made by Buyer to any of Company's representatives, salespersons, employees, or subcontractors unless any such payment(s) is/are made by check payable to Company.

COMPLAINT: Customer may file a written complaint with the Arizona Registrar of Contractors for an alleged violation of Arizona Revised Statutes §32- 1154 at: https://roc.az.gov Arizona Registrar of Contractors Arizona Registrar of Contractors-North Fax: (602) 542-1599 1700 W. Washington Street, Suite 105 2501 N. Fourth Street, Suite 22 Phoenix, AZ 85007-2812 Flagstaff, AZ 86004 (602) 542-1599 (877) 692-9762.

DATA: Company does not sell your data to third parties. You consent the information provided to Company may be shared within Company office personnel or partners for purposes relating to your project. You consent to Goodleap contacting you at the email or phone numbers you have provided us, and that they can do so using an autodialer, even if your telephone is a cell phone or currently listed on any state or national do-not-call list. Consent is not required to conduct business with us, and this consent can be withdrawn at any time by calling (877) 290-9991 or by mail at: Goodleap, 8781 Sierra College Blvd, Roseville, CA 95661.

ROOF CONDITION: Customer agrees that the roof is in good condition or will bring to good condition prior to installation. Good condition, as represented by Buyer, shall mean no leaks, rotting wood, broken or missing tile or shingles. Buyer hereby warrants that the roof condition is such to have a minimum full seven years remaining life prior to installation. Company will not be responsible for any prior roof damage. (BUYER INITIALS) ____________________

SAVINGS: 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. Company does not have control over Utility rates and/or fees associated with the energy devices or products sold. (BUYER INITIALS) __________________

NOTICE TO BUYER 1.Do not sign this agreement if any of the spaces intended for the agreed terms are left blank. 2.You are entitled to a copy of this agreement at the time you sign it. 3.Do not sign this agreement until you read and understand the Terms and Conditions as set forth on both sides. 4.As Buyers, you should know that TAX CREDITS are credit against your income tax liability. In the event that you do not have tax liability then tax credits will not be available to you. Company shall not be liable if Buyer doesn’t receive rebates, grants, federal or state tax credits for any reason. If you have any questions regarding your ability to obtain the above-mentioned credit you should consult a tax professional.

By their signatures below the Company and Buyer agree to the Terms and Conditions and all other provisions (including the Contract price and services located in the tables above) set forth in this Sales and Services Agreement. Company and Buyer both agree that this Agreement is effective as of the dates set forth below once the Parties execute this agreement. Ronald LaRue 7/18/2022 ____________________________________ ___________________________________ ____________________ BUYER(S) SIGNATURE PRINTED NAME DATE ____________________________________ ___________________________________ ____________________ BUYER(S) SIGNATURE PRINTED NAME DATE ____________________________________ ___________________________________ ____________________ ARIZONA ENERGY PROS PRINTED NAME DATE

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 7 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

SCHEDULE 1.

A.R.S § 44-1763 CONTRACT REQUIREMENTS

Financing, Sale, or Lease Agreements for Distributed Energy Generation Systems An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

• No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. • At least ten-point type. • The right to rescind the contract for a period of not less than three (3) business days after the contract is signed by the buyer or lessee and before the distributed energy generation system is installed. • A description of the make and model of the System's major components, or a guarantee of the energy production that the System will provide over the life of the Contract. • For purchases, a breakdown of the following (if applicable): • Total purchase price or cost of the lifetime of the Contract • Any interest, installation fee, doc prep fees, service fees or other costs to be paid • For financed or leased Systems, a breakdown of the following (if applicable): o Total number of payments • Payment frequency • The amount of each payment • Payment due date • The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. • The current tax obligations, including the assessed value and property tax assessments, as applicable and calculated in the year the contract was signed, transaction privilege taxes, and any obligations for transfer tax credits or tax incentives. • How warranty or maintenance information obligations may be sold to or transferred to a 3rd-party. • A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. • Any restrictions on the ability to modify or transfer ownership of the System, including whether any modification or transfer is subject to review or approval by a third party, and such third party's full contact information. • Any third-party review requirements in the event of a modification or transfer of ownership of the real property to which the System is or will be affixed, including such third-party's full contact information. • A summary of the total financing, operating, maintenance and construction costs of the System. • The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred. • If the agreement estimates future utility charges and the System is installed, it must also estimate utility charges during the same period with at least a plus or minus 5% range from current utility rates. • A statement that utility rates, structures, and projected savings are subject to change. Also, that any tax incentives may change or be terminated by executive, legislative or regulatory action.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 8 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

SCHEDULE 2.

A.R.S § 44-1762. SOLAR ENERGY DEVICE WARRANTIES; INSTALLATION STANDARDS; INSPECTIONS

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least two years or shall include an energy production output guarantee provided pursuant to section 44-1763, subsection A, paragraph 4. The remaining components of the solar energy device and their installation shall be warranted for a period of at least one year.

B. Any person who manufactures, furnishes for installation or installs a solar energy device shall provide with the device a written statement of warranty, responsibilities assumed or disclaimed and performance data of the solar energy device and components of the solar energy device as prescribed by section 44-1763 as part of the agreement for the financing, sale or lease of a solar energy device. The form of the statement required by this subsection is subject to approval by the registrar of contractors. The statement shall specify the source of any performance data it contains. A copy of the statement shall be delivered to the registrar of contractors where it shall be kept on public file.

C. A person who sells a solar energy device in this state shall furnish a certificate to the buyer that the solar energy device complies with the requirements of this section.

D. A solar energy device that is sold or installed in this state shall comply with all applicable state and federal consumer protection, rating, certification, performance, marking, installation and safety standards that are required by section 44-1763.

E. An individual who installs a solar energy device in this state, in addition to being a licensed solar contractor under title 32, chapter 10, article 4, shall:

1. Possess the general license that is appropriate to the type of solar energy device that is installed. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license.

2. Meet any education and training standards that have been adopted by the registrar of contractors.

3. Pass an examination on the installation of the type of device to be installed if the registrar of contractors has adopted such an examination.

F. Solar energy devices that are designed or installed by the final owner are exempt from the requirements of subsections A through E of this section.

G. The installation of a solar energy device shall meet the requirements of:

1. All applicable fire, safety and building codes.

2. Consumer protection standards, including any freeze protection and temperature related damage standards.

3. All other applicable federal, state, and local laws.

H. Contractors who fail to meet safety, installation or other prescribed standards or the requirements of section 44-1763 are subject to disciplinary action under title 32, chapter 10, article 3.

COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND COMPANY WILL NOT BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL PROPERTY OR COMMERCIAL DAMAGE OF ANY NATURE WHATSOEVER.

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 9 DocuSign Envelope ID: CC9E8EE6-EE4B-4EAD-8ECA-F7BA7C089D03

23021 N. 15th Avenue, Suite 107 | Phoenix, AZ 85027 | Phone: (602) 863-6900 | www.aepros.com ROC 255816, ROC 263121

Notice of Three-Day Right to Cancel

Your Right to Cancel: You are entering into a transaction that will result in a security interest in your home. You have the legal right under federal law to cancel this transaction, without any penalty or obligation, within three business days of the date of the transaction. 7/18/2022 (Transaction date: ____________________ ).

You may cancel this transaction by e-mailing, mailing or delivering a written notice including a copy of this signed cancelation notice to the address of: Arizona Energy Pros at 23021 N. 15th Avenue, Suite 107, Phoenix, AZ 85027, or email to [email redacted]; no Later than midnight of the date that is three (3) Business days from the transaction date. If you send or deliver your written notice to cancel some other way, it must be delivered to the appropriate address marked above no later than said date.

If you cancel, any property traded in, any payments made by you under the contract or sale, or any negotiable instrument executed by you will be returned within 10 days following written 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 30 days 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, you remain liable for performance of all obligations under the contract.

I have received the "Notice of the Three-Day Right to Cancel".

7/18/2022 Purchaser Signature: Date:

Print Name: Ronald LaRue

I hereby CANCEL/RESCIND this transaction on ________________________ (Cancellation Date).

Purchaser Signature: Date:

Print Name:

Solar Purchase Agreement | Arizona Energy Pros Inc. Page 10 Received 6/19/2024 ROC Legal

Russell Gardner Qualifying Party Arizona Energy Pros Inc. 8194 W. Deer Valley Rd. Peoria, AZ 85382 [email redacted] 480-720-7697

6/18/2024

Registrar of Contractors Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ 85007

Subject: Response to Citation – Case No. 2024-03973

Dear Registrar of Contractors,

I am writing to formally respond to the allegations detailed in Case No. 2024-03973, received on 06/06/2024. As the qualifying party for Arizona Energy Pros Inc., I assure you that these accusations are taken seriously, and we are committed to upholding the highest standards of professional conduct and compliance with Arizona ROC regulations.

After a thorough internal review, I must respectfully contest the claims made in the case as they are not substantiated by facts and do not accurately represent the events or actions of our company. Below, I have outlined the specific points of contention and provided supporting evidence to clarify our position.

1. Nature of the Accusation: On April 5, 2024, Ron R. LaRue (“Complainant”) filed a written complaint with the Registrar. This complaint was received by Arizona Energy Pros by email on (4/8/2024), after the license cancellation was requested. The Registrar has since written a formal statement regarding the following charges. 2. Response to Charges: • 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.  Response: Arizona Energy Pros, Inc has been permanently closed since (3/04/2024) and License Number (255816) was requested to be cancelled on (4/8/2024). The license cancellation was approved on (4/15/2024). A response was emailed to the investigator regarding this closure on (4/9/2024) and is enclosed in the attached documents. While no response to this email was received, later a written directive from the ROC inspector was received on (5/9/2024). At that point, the license had been cancelled. According to the ROC restrictions outlined in the directive, Arizona Energy Pros was not licensed to perform or hire other contractors to perform work that is outside the scope of the license. Another response was emailed to the inspector on (5/14/2024). A phone call was made to the ROC and a voicemail was left on (5/29/2024). Still no responses were received from the ROC regarding these matters until this formal citation was received on (6/06/24). • Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(c) 108(c): All work performed by a contractor in a county, city, or town that Received 6/19/2024 ROC Legal

has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. • Response: All work performed by Arizona Energy Pros, Inc was performed in coordination with building codes and industry standards. The complaint is not caused by the installation or code compliance of the solar. The complaint is likely caused by a manufacturer defect, and it is not uncommon for replacement parts to be required at times. Please refer to the attached document showing the Enphase status. Since Arizona Energy Pros was closed, it was recommended in our initial response that the customer reach out to another licensed solar company to troubleshoot the issue and possibly begin a warranty case with the manufacturer (depending on the findings). Arizona Energy Pros does not have a service contract with the customer as the sole servicer of the solar that was installed, and therefore the solar can be serviced by any licensed solar contractor of the customer’s choice. • 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.  Response: Arizona Energy Pros responded to the ROC within the timeframes required. Furthermore, being that the license is cancelled, Arizona Energy Pros cannot complete the work described and a solution was emailed to the investigator. Without response from the ROC regarding on how to move forward and due to the license status as cancelled, it was initially assumed that the complainant received solar service elsewhere. The written directive from the ROC inspector was then received on 5/9/2024. According to the ROC restrictions outlined in the directive, Arizona Energy Pros was not licensed to perform or hire other contractors to perform work that is outside the scope of the license.

2. Compliance with ROC Regulations: Arizona Energy Pros Inc. has always prioritized compliance with all ROC regulations. We regularly conducted internal audits and training sessions to ensure we are fully compliant with state requirements. 3. Supporting Documentation: Enclosed with this letter are copies of the emails and other evidence that support our position and demonstrate our adherence to industry standards and ROC regulations.

We are dedicated to resolving this matter amicably and promptly. To that end, we are open to further discussion and are willing to provide any additional information or clarification the Arizona ROC may require. We respectfully request a re-evaluation of the case based on the evidence provided.

Thank you for your attention to this matter. We look forward to your prompt response and a fair resolution.

Sincerely, Russell Gardner Qualifying Party Arizona Energy Pros Inc. Enclosures: Email responses to the ROC 4/09/24 and 5/14/24. Screenshot of Enphase Enlighten portal showing “gateway not reporting” status. Received 6/19/2024 ROC Legal

Check Signal Strength

Scan for New Devices

Disable Power Production Received 6/19/2024 ROC Legal

Cancel Confirm

× Received 6/19/2024 ROC Legal

From: [email redacted] To: "[email redacted]" Subject: FW: ROC Case 2024-03973 Inspection Notice Date: Tuesday, April 9, 2024 1:24:00 PM Attachments: Complaint Form.pdf - 2024-04-08T170109.481.pdf 20240408 Jobsite Inspection Notice 2024-03973.pdf image002.png

Dear John,

Unfortunately, our company is permanently closed and our licenses are pending cancellation. This solar was turned on and functioning since 6/2023. Prior to our closure, we have no knowledge of any issues with the solar system. However, it is common that solar needs to be serviced due to manufacturer defects and any licensed solar company can service Mr. LaRue’s solar. I recommend that he reaches out to another solar company that can troubleshoot and service his system.

While I do temporarily have access to his monitoring, it appears that his Enphase gateway is not reporting. This is caused by either the Wifi network/password being changed and not updated in the monitoring site (which does not cause any issues with production, only with reporting to monitoring), or it could be a manufacturers defect either in the gateway or a microinverter.

Lastly, since the first step to troubleshooting would be with Enphase, if he chooses to he can also follow this link for Enphase support: https://enphase.com/support/homeowners_gl=1*3y2o8z*_up*MQ..*_ga*MTUzMDc2MTQuMTcxMjY5Mzc0OQ..*_ga_0L7F5QSJ7V*MTcxMjY5Mzc0OC4xLjEuMTcxMjY5Mzc2Ni4 wLjAuMA..

I hope that helps.

Best Regards,

Amanda Gardner | Chief Financial Officer

From: John Chester <[email redacted]> Sent: Monday, April 8, 2024 5:02 PM To: [email redacted] Subject: ROC Case 2024-03973 Inspection Notice

Dear Respondent. A formal complaint has been filed against you and a jobsite inspection has been scheduled. I would appreciate it if you would assist me in my investigation and respond to the allegations prior to the inspection. The formal jobsite inspection letter has been attached to this email as well as a copy of the formal complaint. Please respond and acknowledge receipt of this email.

Thank you,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St. Phx, AZ 85007 Phone # 480-645-1845 Fax # 602-542-3919 Email : [email redacted] Received 6/19/2024 ROC Legal

From: [email redacted] To: "[email redacted]" Cc: "[email redacted]" Subject: FW: ROC Case 2024-03973 Inspection Notice Date: Tuesday, May 14, 2024 10:02:00 AM Attachments: Complaint Form.pdf - 2024-04-08T170109.481.pdf 20240408 Jobsite Inspection Notice 2024-03973.pdf image002.png 20240509 Written Directive 2024-03973.pdf

Dear Joey,

In regards to the attached written directive. After reading it, I’m guessing you never received the email below explaining why the customer’s system does not work. Our company is closed and our licenses are cancelled. Please see the email below regarding the suggested solution for the customer that was emailed previously.

Best Regards,

Amanda Gardner | Chief Financial Officer

Please note that this email address will remain open temporarily for the purpose of company closure.

From: [email redacted] <[email redacted]> Sent: Tuesday, April 9, 2024 1:24 PM To: '[email redacted]' <[email redacted]> Subject: FW: ROC Case 2024-03973 Inspection Notice

Dear John,

I hope that helps.

Best Regards,

Amanda Gardner | Chief Financial Officer

From: John Chester <[email redacted]> Sent: Monday, April 8, 2024 5:02 PM To: [email redacted] Subject: ROC Case 2024-03973 Inspection Notice Received 6/19/2024 ROC Legal

Thank you,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St. Phx, AZ 85007 Phone # 480-645-1845 Fax # 602-542-3919 Email : [email redacted] Received 6/19/24, 11:31 AM State of Arizona Mail - RE: Case 2024-03973 - Citation and Complaint 6/19/2024 ROC Legal

Answers - AZROC <[email redacted]>

RE: Case 2024-03973 - Citation and Complaint message

[email redacted] <[email redacted]> Wed, Jun 19, 2024 at 11:18 AM To: [email redacted] Cc: [email redacted], [email redacted]

Dear ROC,

Please see the attached response for the citation regarding Case Number 2024-03973 entitled (ROC Response – LaRue Case No. 2024-03973). Also attached are supporting documents that include:

Response email on 04/09/24, Response email on 05/14/24, Enphase document showing the solar status for the customer.

A hard copy of these documents will be mailed as well. Please let me know if I can be of any other assistance.

Thank you,

Amanda Gardner | Chief Financial Officer

Please note that this email address will remain open temporarily for the purpose of company closure.

From: Tedi Quezada <[email redacted]> Sent: Thursday, June 6, 2024 8:51 AM To: [email redacted] Subject: Case 2024-03973 - Citation and Complaint - DO NOT REPLY

Hello,

Attached is an electronic courtesy copy of the Citation and Complaint issued in Case 2024-03973. This document was also sent to your attention via US Mail and Certified Mail.

https://mail.google.com/mail/b/AEoRXRScn6AiLNlfZ3vGEileSCYGbd0aZm00fJV3jlqgqyEZBZqY/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/2 Received 6/19/24, 11:31 AM State of Arizona Mail - RE: Case 2024-03973 - Citation and Complaint 6/19/2024 ROC Legal

PLEASE DO NOT REPLY DIRECTLY TO THIS EMAIL. Any reply or response should be addressed to [email redacted]

Thank you

Tedi Quezada 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!

attachments ROC Response - LaRue Case No. 2024-03973.pdf 154K Enphase Energy - Enlighten _ Gateway [number redacted].pdf 268K FW_ ROC Case 2024-03973 Inspection Notice-response5.14.24.pdf 743K FW_ ROC Case 2024-03973 Inspection Notice-response4.09.24.pdf 551K 20240606 Citation and Complaint 2024-03973 MAIL.pdf 756K

https://mail.google.com/mail/b/AEoRXRScn6AiLNlfZ3vGEileSCYGbd0aZm00fJV3jlqgqyEZBZqY/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 2/2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

6/13/2023 Print Name Signature Date

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