2024A-04196-CHC-ROC Notice of Hearing & Packet MAILED.pdf

2024A-04196-CHC-ROC · Registrar of Contractors · 2024-09-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Aldo Astorga , Case No. 2024-04196

COMPLAINANT, Docket No. 2024A-04196-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE LUMINOUS BUILDERS LLC DBA: Luminous Energy License No. ROC 335707,

RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

November 12, 2024 9:00 AM Adam Stone 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 August 27, 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)(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 September 26, 2024.

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

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

Respondent(s) LUMINOUS BUILDERS LLC 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

Respondent's Attorney Megan N. Schandle, Esq. 6730 N Scottsdale Rd Ste. 101 Scottsdale, AZ 85253 Complainant(s) Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

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

Case No. 2024-04196 /

Complainant: Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

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: LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

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 17, 2024

Re: Complaint No. 2024-04196

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, May 8, 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,

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

Cc: File Respondent Complainant Respondent Attorney Choose an item.

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

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

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

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

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

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

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

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

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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 make 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 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent Attorney: Randolph D Wolfson 919 N. Dysart Road Avondale, AZ 85323

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 June 25, 2024

Re: Complaint No. 2024-04196

Dear Complainant and Respondent:

At the request of the Complainant this formal complaint with the Arizona Registrar of Contractors has been reopened.

A jobsite inspection is scheduled for Tuesday, July 16, 2024 at 11:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

Sincerely,

James Carter, Investigator (602) 771-6770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

Cc: File Respondent Complainant Respondent Attorney Choose an item.

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

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.

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.

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

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 Attorney: Randolph D Wolfson 919 N. Dysart Road Avondale, AZ 85323

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Respondent: LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 June 25, 2024

JOBSITE INSPECTION RESCHEDULE Re: Complaint No. 2024-04196

Dear Complainant and Respondent:

Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for July 16, 2024 at 11:30 AM has been rescheduled for Thursday, July 18, 2024 at 11:30 AM.

If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.

Complainant: Safe access is required to any area to be inspected.

Should you have any questions regarding the above, please contact me.

Sincerely,

James Carter, Investigator (602) 771-6770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 12/23 Jobsite Inspection Notes

Case No.: 2024-04196 Investigator: James Carter Inspection Date: Thursday, July 18, 2024 Inspection Time: 11:30 AM

Jobsite Address: 24361 West Verlea Drive Buckeye, AZ 85326

Complainant: Aldo Astorga Respondent: LUMINOUS Not Present: BUILDERS LLC Not Present:

Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Complainant was present for the JSI Respondent was not. Complaint was originally filed on 04/11/2024 but Complainant closed it after being contacted by the Respondent and told if he closed the complaint they would finish the work. They never came back after the complaint was closed so the Complainant reopened it on 06/25/2024

Complaint Item: 1 - Landscaping project not finished I closed the solar/landscaping package in October 2023 and only the solar done Investigator’s Observation: Verified. Investigator observed that no pavers had been installed in the back yard as agreed upon. The Respondent will need to correct this by the appropriate means, using an appropriately licensed contractor. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

ITEMS NOT REQUIRING CORRECTION:

Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

James Carter, Investigator (602) 771-6770 [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 C011 12/23

Complaint #2024-04196 Inspection Date 07/18/2024 11:30 AM - Photo Page 1 Complaint #2024-04196 Inspection Date 07/18/2024 11:30 AM - Photo Page 2 Complaint #2024-04196 Inspection Date 07/18/2024 11:30 AM - Photo Page 3 Complainant: Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

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: LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 July 18, 2024

License No. ROC 335707

Re:Complaint No. 2024-04196

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 Thursday, August 8, 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:

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

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 Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable

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

Sincerely,

James Carter, Investigator (602) 771-6770 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

CC: Respondent Complainant Respondent Attorney

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 Attorney: Randolph D Wolfson 919 N. Dysart Road Avondale, AZ 85323

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

Aldo Astorga, Case No. 2024-04196 COMPLAINANT, v. LUMINOUS BUILDERS LLC, CITATION DBA: Luminous Energy, License No. ROC 335707,

RESPONDENT.

The Registrar issues this Citation to LUMINOUS BUILDERS LLC, DBA: Luminous Energy (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by September 11, 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 16, 2024, Aldo Astorga, (“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

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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 without legal excuse for the abandonment or refusal. Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04196. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 11, 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated August 27, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, August 27, 2024 to: Respondent Certified Mail No: [number redacted] LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste. D-106 Goodyear, AZ 85395 Copy mailed by USPS First Class mail this same date to:

LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste. D-106 Goodyear, AZ 85395

Randolph D Wolfson 919 N. Dysart Road Avondale, AZ 85323 Complainant Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326

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

Case No. 2024-04196

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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)

Aldo Astorga Mailing Address (Enter jobsite in Contract/Project section) City State Zip

24361 West Verlea Drive Buckeye Arizona 85326 Phone Number Email

(480) 430-8704 [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)

LUMINOUS BUILDERS LLC ROC 335707 Street Address City State Zip

14415 W McDowell Rd Ste D-106 Goodyear AZ 85395 Phone Number Email

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

Chris;April;Daisy Contract/Project Information Contract Date Contract Amount Amount Paid

October 11, 2023 $57,941.43 $57,941.43 Date Work Started Date Work Stopped Date Work Was Completed

November 15, 2023 November 21, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

24361 West Verlea Drive Buckeye AZ 85326 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Both All change orders were N/A This project was Residential This project involved Other Solar install/ landscaping remodel A building permit was obtained by Contractor ELECR-23-1326 Buckeye 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)

I have continued to reach out to the company via text, email, and phone and each time they say that they will get back to me. One day they even gave me a week date they were supposed to be here and they never showed up or gave me a reason why Allegations Listed on Complaint:

Landscaping project not finished I closed the solar/landscaping package in October 2023 and only the solar done

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

Aldo Astorga \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

LuminousEnergy.Solar 623-335-4423 14415 W. McDowell Rd, Suite D-106 Goodyear, AZ 85395

ROC # 336265, 335707, 346602

PURCHASE AGREEMENT

Aldo Astorga Customer Name(s):

Phone Number(s): (480) 430-8704

Street Address: 24361 W Verlea Dr

City, State, Zip: Buckeye AZ 85326

[email redacted] Email:

Utility: Arizona Public Service

57941.43 Purchase Price:

10.125 System Size (kW):

Module Quantity & 25 Q.PEAK DUO BLK ML-G10 405 Model IQ8PLUS-72-2-US Inverter Model(s):

Racking:

Additional Items or Custom Adder

Materials: Sunlight Financial Finance Company: DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

TERMS AND CONDITIONS 1. Work to be Performed: Luminous Energy shall provide the following services according to the terms in this agreement: ▪ Install the system and its components as described above, which includes design, supply and installation of solar photovoltaic panels, inverter(s), wiring, conduit, and racking; ▪ Obtain necessary permits from the local authorities having jurisdiction; ▪ Provide all equipment, labor, material, taxes, and install the entire system according to the terms of this Agreement; ▪ Coordinate building, electrical, and utility inspections; ▪ Test the system upon completion of the installation; schedule utility and city final inspection, turn system on and set up any monitoring capabilities; and ▪ Perform any additional items (if any) as noted in the additional items or materials section above. 2. Exclusions: Any deviation from the above specifications, including, but not limited to, any additional material and/or labor costs incurred by such deviation, are not part of the work to be performed. Any such deviation will only be executed if separately agreed to in writing or noted above. These deviations include, but are not limited to: ▪ Main service panel upgrades (MPU), sub-panels, or switchboards, if needed; ▪ Tree removal, non-standard groundwork (such as difficult soil conditions), trenching, or landscaping; ▪ Replacement or repair of existing roof or supporting roof structure; and ▪ Additional permitting requirements by authorities having jurisdiction, such as zoning, land use, environmental, and any other abnormal jurisdictional requirements 3. Timeline for Completion: While most projects install and receive permission to operate significantly sooner, the process of installing solar can be complex, time consuming and involves working with government agencies. We encourage all consumers to anticipate receiving permission to operate from the utility for their solar system within 180 days from time of contract signing. 4. Payment Schedule: If this is a Cash Purchase, the payments by the Customer shall be completed according to the “Payment Schedule for Cash Purchases”, included in this Agreement. If the System is a financed purchase, then customer shall make payments to the Finance Company according to the terms of the agreement with the Customer and the Finance Company. 5. State Obligations (ARS 44-1763): Luminous Energy has provided a copy of ARS 44-1763 contract requirements with regards to Financing, Sale or Lease Agreements for Distributed Energy Generation Systems. 6. Insurance: At all times during the actual installation, Luminous Energy shall keep in force a Commercial General Liability Insurance policy with limits of not less than One Million Dollars, to insure for injury to Contractor’s employees, and others, incurring loss or injury as a result of the acts of Luminous Energy, its employees and subcontractors. 7. Compliance with Applicable Codes and Laws: All work shall be performed in a workmanlike manner and in full compliance with all applicable building codes and other applicable laws. Luminous Energy 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. 8. Use of Subcontractors: Luminous Energy may utilize subcontractors to perform portions of the work. If subcontractors are utilized, Luminous Energy shall fully pay for their services. 9. Taxes: Luminous Energy shall pay all taxes required by any taxing authority having jurisdiction over the project. 10. Delays: Luminous Energy shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Luminous Energy are best estimates and subject to change. Luminous Energy performance is based upon the prompt, complete, and accurate fulfillment of all of Customer's obligations including payment. 11. Ten-Year Limited Workmanship and Installation Warranty: This Ten-Year Limited Workmanship and Installation Warranty will extend for a period of ten (10) years from the date installation of the System is completed. Labor warranty is for two years for modules and inverters. Luminous Energy warrants that the System will be constructed and installed in a good workmanship manner according to the standards of care and diligence generally practiced by solar engineering, construction, and installation companies when installing residential photovoltaic solar power systems of a similar size and type as the System in the geographic region where your Property is located, and pursuant to: (i) Good engineering design practices (ii) M anufacturer’s instructions (iii) Applicable law (including local codes and standards) (iv) Required governmental approvals and permits (v) Applicable requirements of the local utility DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

12. Ten-Year Limited Roofing Penetration Warranty: Luminous Energy warrants your roof against damage and water infiltration at each roofing penetration made by Luminous Energy in connection with the installation of the System and the surrounding area of each such penetration (collectively, the “Covered Roof Areas”). Luminous Energy 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. 13. Warranty Exceptions: The Ten-Year Limited Roofing Penetration Warranty shall be void and voidable if work is performed by Customer, Customer's,contractors, or anyone other than Luminous Energy or Luminous Energy's hired subcontractors on the covered roof area during the ten-year warranty period. The Ten-Year Limited Roofing Penetration Warranty does not cover any: (i) Leaks that occur in areas of the Customer's roof not impacted by the Solar System; (ii) Pre-existing and/or underlying failures of the Customer's roof; (iii) Foreign objects acting on the Customer's roof (e.g. hail, golf balls, etc.); and (iv) Damage resulting from ordinary wear and tear, natural disasters, Force Majeure events, damage resulting from mold, fungus and other organic pathogens, shrinking/cracking of grout and caulking not used during install, fading of paints and finishes exposed to sunlight. *You acknowledge that installation of the Solar System may void any roofing warranty of the roof manufacturer or roof installer. Luminous Energy assumes no responsibility if our work voids your roofing warranty. 14. Performance Guarantee: Luminous Energy use top-tier equipment from major equipment manufacturers, which comes with standard warranties from the manufacturer, including a 25-year performance guarantee on the panels and inverters as well as any warranties in respect to equipment used to complete install. The equipment installed at the Customer’s home will include these manufacturers warranties. 15. Accessibility: Customer shall afford access of their residence to Luminous Energy or its designee(s) to perform a site audit on the premise and install the system. Customer agrees that Luminous Energy may take and use photos/videos of Customer’s property obtained before, during, or after installation for Company’s commercial purposes. Customer releases any rights to these photos/videos. 16. Payments: Luminous Energy assumes no responsibility or liability for payment(s) made by Customer to any of Luminous Energy sales reps or employees unless any such payment(s) is/are made by check payable to Luminous Energy. 17. Completion Certificate: Customer agrees that he/she will sign a Contractor’s Completion Certificate, as well as any other documents deemed necessary by any financial institution which provides financing to Customer in order to acquire the products. The Completion Certificate only represents that the system has been installed and is required before permission to operate from the customer’s utility has been received. 18. Warranty of Existing System: Customer understandsthere is no written or implied warranty on Customer’s existing Electrical System(s). 19. Estimated Savings: Actual production/reduction of usage and customer savings may vary based on size of the system, orientation, and rate plans. Utility rates and funding program levels are subject to change. Luminous Energy has no control over Utility rates and/or fees associated with the energy devices or Product’s sold, and therefore, makes no guarantee with respect to any cost savings from using the System. 20. Disclaimer: Luminous Energy disclaims any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood, or other acts of God. Luminous Energy shall not be liable for any direct, indirect or consequential damages, losses, costs or other expenses; however arising, in contract or in tort, including without limitation any economic losses of any kind, losses or damage to property or personal injury after completion of install. Luminous Energy is liable during install and during any service or work done by the company after install. Luminous Energy disclaims any responsibility for the system’s use orits operation for any intended purpose. 21. Liens and Waivers of Liens: Luminous Energy has the right to place a lien on your home only if the Work is performed according to the terms of this Agreement but is not paid for its work. To maintain this right, a “Preliminary Notice” may be provided by Luminous Energy. A Preliminary Notice is NOT a lien against Customer's property. Luminous Energy agrees to NOT file a lien against your property if Customer completes payment for a cash purchase, or if it receives funding from the Finance Company if the System is purchased with a loan from the Finance Company.

22. Change Orders: Luminous Energy and the Customer recognize that unforeseen conditions or factors may become known subsequent to the time that the contract is signed. Alternatively, the customer may desire a change that would add time and cost to the DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

work. If these, or other events, within or 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. 23. Dispute Resolution: Any controversy or claim arising out of, or relating to, this contract, or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its construction industry arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A copy of such rules can be examined at WWW.ADR.org. If the customer does not have internet access, or upon request, a copy of the rules will be provided to the customer. 24. Transfer of Title: Customers at any time shall have the right to transfer title of home with attached solar system; however, the buyer must qualify under rules of financing or lease. The homeowner must notify Luminous Energy within 15 days of closing to ensure transfer of warranty and maintenance. 25. Utility and Tax: Customer is aware that Utility rates, structures, and projected savings are subject to change. Also, any tax incentives may change or be terminated by executive, legislative or regulatory action.

PAYMENT STRUCTURE: The Payment schedule for cash purchases are as follows (otherwise payment terms with third party finance companies vary depending on funding source and will be specified in the finance company’s agreement): 1. The first payment of, $_______ is due at the timeof Contract Execution. Drawings may not be prepared for Utility Company and Authority having Jurisdiction, if applicable, until this payment is received. 2. The second payment of, $_______ is due upon receipt of approval from the Utility Company and Authority having Jurisdiction, if applicable. Materials and Equipment may not be purchased until this payment is received. 3. The third payment of, $________ is due within two (2) business days of when the installation is complete, and the system is able to function in accordance with its intended purpose. Commissioning by the Utility Company may not be scheduled until this payment is received. 4. The Final Payment of, $________ isdue upon commissioning by the utility company. Please note that while Luminous Energy will work diligently to schedule the Utility Company, we have no control over when the Utility Company will actually commission the system.

All payments not received when due will be charged a 1.5% monthly service charge. Credit card payments are a valid and acceptable form of payment; however, payments made with credit cards are subject to additional merchant fees. DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

NOTICE TO BUYER

• DO NOT SIGN this Agreement if any spaces affecting the timing, value, or obligations are not completed or left blank. • Customer is entitled to a copy of this Agreement at the time it is executed. • Customer understands that the tax credits offered by the Federal and State governments are credits against the buyer’s income tax liability. If the customer has any questions relating to tax credits then the customer should seek the professional advice of an accountant or an attorney regarding tax rebates and credits. Any information Luminous Energy provides Customer is to the best of our knowledge but Luminous Energy and its representatives are not tax professionals. • Customer is responsible to provide the paint for the conduit at the time of installation. Luminous Energy will only paint the conduit at the time of installation and only with paint provided by the Customer. • Right of Rescission: Customer may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right.

A.R.S. § 44-1762 Warranties 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 possesses the general license that is appropriate to the type of solar energy device that is installed. D. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license. 1. Meet any education and training standards that have been adopted by the registrar of contractors. 2. Pass an examination on the installation of the type of device to be installed, if the registrar of contractors has adopted such an examination. E. 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. F. 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. G. 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.

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:

A. No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. B. At least ten-point type. C. 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. D. 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. DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

E. For purchases, a breakdown of the following (if applicable): 1. Total purchase price or cost of the lifetime of the Contract 2. Any interest, installation fee, doc prep fees, service fees or other costs to be paid F. For financed or leased Systems, a breakdown of the following (if applicable): 1. Total number of payments 2. Payment frequency 3. The amount of each payment 4. Payment due date G. The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. H. 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. I. How warranty or maintenance information obligations may be sold to or transferred to a 3rd-party. J. A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. K. 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 L. 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. M. A summary of the total financing, operating, maintenance and construction costs of the System. N. The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred. If the agreement contains an estimate of the buyer's or lessee's future utility charges based on projected utility rates after the installation, it must also provide an estimate of utility charges during the same period with at least a plus or minus 5% range from current utility costs. O. 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. DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

I HAVE READ AND UNDERSTAND THE ABOVE All agreements regarding performance of the work are stated herein. This Contract entered into as of the date indicated below is by and between Luminous Energy and the undersigned Homeowner(s) hereinto referred to as “Customer”.

_______________________________ 10/9/2023 ________________ Customer(s) Signature Date

_______________________________ 10/9/2023 _______________ Luminous Energy Representative Signature Date DocuSign Envelope ID: 0F2FD475-1ACB-46CD-867C-7F1F4E2AC44E

CANCELLATION PROVISION

_________ Date of Transaction: 10/9/2023

You may CANCEL this transaction without Penalty or Obligation within THREE BUSINESS DAYS from the above date. If you cancel any time after midnight of the third business day for ANY reason, you will be subject to the following cancellation fee, without exception;

A cancellation fee equal to twenty-five percent (25%) of the contract price if the customer cancels at any time after midnight of the third business day after executing this agreement. Luminous Energy has assigned its rights under this provision, including its right to collect this fee and litigate thereof, to Luminous Builders LLC, d/ b/a Luminous Energy. Luminous Builders LLC is entitled to recoup all collection costs and fees incurred in enforcing this provision. You may satisfy this fee by paying the total sum owed to Luminous Energy in the form of a Cashier's Check or Money Order, payable to Luminous Builders LLC. Payment should be hand delivered to Luminous Energy at 14415 W. McDowell Road, Suite D-106, Goodyear, AZ 85395.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice to Luminous Energy, at 14415 W. McDowell Road, Suite D-106, Goodyear, AZ 85395, NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY, AFTER THE DATE OF THIS TRANSACTION.

By initialing below customer acknowledges understanding of this provision.

I, _________________________ HEREBY CANCEL THIS TRANSACTION. CUSTOMER'S NAME

DATE: ____________________

SIGNATURE: _____________________

_______ CUSTOMER’S INITIALS Received 9/11/2024 ROC Legal

LANG THAL KING & HANSON PC 6730 N. SCOTTSDALE RD., SUITE 101 SCOTTSDALE, ARIZONA 85253 TELEPHONE (480) 534-4900 Please e-serve filings on: [email redacted] MICHAEL W. THAL, #023843 [email redacted] (not for e-service) MEGAN N. SCHANDLE, #037402 [email redacted] (not for e-service)

Attorneys for Luminous Builders LLC dba Luminous Energy ARIZONA REGISTRAR OF CONTRACTORS Aldo Astorga, Case No.: 2024-04196 Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT v. Luminous Builders, LLC dba Luminous Energy, Respondent. Respondent Luminous Builders LLC, by and through undersigned counsel, answers the Citation in the above-captioned matter as follows: The Citation charges that Luminous Builders may have violated: (1) A.R.S. § 32- 1154(A)(1) and (2) A.R.S. § 32-1154(A)(22). Luminous Builders wholly denies all charges listed in the Citation. Luminous Builders further disputes the Citation to the extent it expressly or impliedly alleges any wrongdoing or liability on the part of Luminous Builders, or any violations of Arizona contracting laws. Luminous Builders neither committed, nor omitted, any acts with respect to the subject project that would justify the imposition of discipline to its license. Luminous Builders reserves its right to raise all applicable legal and factual defenses at a contested hearing before the Office of Administrative Hearings. 1946644 Received 9/11/2024 ROC Legal

DATED this 11th day of September, 2024. LANG THAL KING & HANSON PC By: /s/ Megan N. Schandle Michael W. Thal Megan N. Schandle Attorneys for Luminous Builders LLC dba Luminous Energy ORIGINAL filed via e-mail with the Arizona Registrar of Contractors this 11th day of September 2024, Arizona Registrar of Contractors 1700 W. Washington Street, Ste. 105 Phoenix, AZ 85007 [email redacted] COPY sent via mail this same date to:

Aldo Astorga 24361 West Verlea Drive Buckeye, AZ 85326 Complainant By: /s/ Jennifer Fortner

Received 9/12/24, 8:01 AM State of Arizona Mail - Case No. 2024-04196 / Luminous Builders LLC dba Luminous Energy adv. Aldo Astorga - Answer 9/11/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-04196 / Luminous Builders LLC dba Luminous Energy adv. Aldo Astorga - Answer message

Jennifer Fortner <[email redacted]> Wed, Sep 11, 2024 at 5:11 PM To: "[email redacted]" <[email redacted]> Cc: Megan Schandle <[email redacted]>, Michael Thal <[email redacted]>

Good afternoon –

Please see the attached Written Answer to Citation and Complaint from Luminous Builders LLC in the above-referenced matter.

Thank you -

Jennifer Fortner

Legal Assistant

Direct:480‑534‑4893 (voice/text) | Website |vCard

6730 N. Scottsdale Rd., Suite 101 | Scottsdale, AZ 85253

480‑534‑4900

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Written Answer to Citation and Complaint.pdf 116K

https://mail.google.com/mail/b/AEoRXRSw3GOKLVoZxYA6fuALFmHQLVuhCehWm3AWXquMBRAJVLn8/u/0/?ik=581c53cf5c&view=pt&search=all&p… 1/1 8/12/24, 8:29 AM State of Arizona Mail - Re: ROC 2024-04196 Written Directive Compliance

James Carter <[email redacted]>

Re: ROC 2024-04196 Written Directive Compliance message

Aldo Astorga <[email redacted]> Fri, Aug 9, 2024 at 1:25 PM To: James Carter <[email redacted]>

Good afternoon James,

No, luminous has not contacted me nor complied with your directive and has not completed any items

On Fri, Aug 9, 2024 at 9:56 AM James Carter <[email redacted]> wrote: Good Morning Aldo I am checking to see if Luminous has complied with my directive and completed the items on the complaint

James Carter Investigator #229 Arizona Registrar Of Contractors 1700 W Washington St Ste 105 Phoenix, AZ 85007 Phone(602) 771-6770 E-mail [email redacted]

https://mail.google.com/mail/u/0/?ik=8b703c773b&view=pt&search=all&permthid=thread-a:r4741831288772832333%7Cmsg-f:[number redacted]… 1/1