2024A-04310-CHC-ROC Notice of Hearing & Packet MAILED 2024-04310.pdf

2024A-04310-CHC-ROC · Registrar of Contractors · 2024-07-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lynne Fulp , Case No. 2024-04310

COMPLAINANT, Docket No. 2024A-04310-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE SunUp America LLC License Nos. ROC 333266, 325273

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

September 5, 2024 9:00 AM Kay Abramsohn 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 July 11, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Charge: 3 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/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 26, 2024.

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

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

Respondent(s) SunUp America LLC 625 S. Smith Rd., Suite. 11 Tempe, AZ 85288

Complainant(s) Lynne Fulp 13274 N Regulation Dr. Oro Valley, AZ 85755

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. 2024-04310 /

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: Lynne Fulp 13274 N Regulation Dr Oro Valley, AZ 85755

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: SunUp America LLC 625 S. Smith Rd., Suite 11 Tempe, AZ 85288

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 25, 2024

Re: Complaint No. 2024-04310

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Friday, May 24, 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,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Lynne Fulp 13274 N Regulation Dr Oro Valley, AZ 85755

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: SunUp America LLC 625 S. Smith Rd., Suite 11 Tempe, AZ 85288

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 10, 2024

Re: Complaint No. 2024-04310

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for May 24, 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.

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,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-04310 Investigator: John Smith #194 Inspection Date: 5/24/2024 Inspection Time: 10:00AM Jobsite address: 13274 N. Regulation Dr., Oro Valley, AZ 85755

Complainant: Lynne M Fulp Respondent: SunUp America LLC

Present for the complainant: Lynne Fulp Present for the respondent: Vince Cabrera of Simple Solar LLC, and one other. Overview of project: Installation of a photovoltaic solar system with a battery back-up General Notes: The signed contract includes: • ALL SAVINGS ARE ESTIMATES. All savings and production numbers are estimates. Several variables affect actual savings and energy production, such as: tilt of panels, orientation to the sun, shading, your individual pricing program with your utility provider, and your individual consumption habits, etc. Included with the submitted complaint: • A document titled “Energy Savings Report” o The “Energy Savings Report” is not dated. o The “Energy Savings Report” is not signed by either party. o The “Energy Savings Report” is not part of the contract.

(Complaint Items) Complaint Item 1: “SunUp took over 7 mos to complete project, never communicated with owner about nature of installation, made unilateral changes contrary to what owner anticipated when contract signed, and brushed aside owner's attempts to understand installation. Owner ended up with flawed partial home system rather than desired whole home; SunUp unresponsive.” Investigator’s Observations: These statements by the complainant do not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

(Allegations) Complaint Item 2: “Installed system is not as agreed when contract signed; substantial change never discussed with owner.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The contract includes: • …installation of a 6.480 kW system which will produce a minimum first-year output of 11044 kWh • Special Instruction o You will be having a Tesla Powerwall + (plus) installed. Powerwall Plus will operate the AC system for up to 4 hours dependent upon the usage of the AC. o SunUp will provide a Tesla Powerwall +, with no substitutions. As stated by the complainant, in the submitted complaint: • (They installed 18 panels at 370 W each = 6,660 watt system) As verbally explained by the complainant during the jobsite inspection. • They installed a partial home system, when she was expecting a whole home system. The contract is for a grid-tied photovoltaic solar system with a battery back-up. The contract does not specify “Whole home system” or “Partial home system” RCC100

Arizona Registrar of Contractors Jobsite Inspection Notes There is insufficient evidence to verify the system is not installed as per the contract. Governing Rule: N/A

Complaint Item 3: “System now reliant on energy export to grid at wholesale and paying retail for use of same to power home.” Investigator’s Observations: Verified. The system is not functioning properly. Included in an email from the respondent to the complainant: • On May 14, 2024, at 10:55 AM, Alex Elder <[email redacted]> wrote: Hi Lynne, we continued to monitor the system after Vince was there and Tesla determined that the inverter was faulty, so they're sending a replacement inverter. This is called an RMA. So we have the tracking on the inverter and will keep you posted as soon as it arrives in our warehouse. The respondent’s representative, during this inspection, confirmed the inverter is bad, needs to be replaced, is not functioning properly, and is not allowing the rest of the system to function properly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 4: “Requests for discussion of possible remedies are now being completely ignored by all SunUp personnel.” Investigator’s Observations: These statements by the complainant do not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 5: “TEP meters are not receiving clear data from PV system; no response from SunUp. ROC inspection scheduled for April 26. Tesla app shuts down during simulated power outage test for system function. No response from SunUp.” Investigator’s Observations: Verified. The system is not functioning properly. Included in an email from the respondent to the complainant: • On May 14, 2024, at 10:55 AM, Alex Elder <[email redacted]> wrote: Hi Lynne, we continued to monitor the system after Vince was there and Tesla determined that the inverter was faulty, so they're sending a replacement inverter. This is called an RMA. So we have the tracking on the inverter and will keep you posted as soon as it arrives in our warehouse. The respondent’s representative, during this inspection, confirmed the inverter is bad, needs to be replaced, is not functioning properly, and is not allowing the rest of the system to function properly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

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Arizona Registrar of Contractors Jobsite Inspection Notes

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • Information about the customer’s right to file a complaint with the registrar o Included, but specifies: “At any time throughout this construction project…”  The applicable time period as set forth in section A.R.S. § 32-1162, subsection A includes more than just “throughout this construction project”. o Included, but specifies: “…the Buyer may file a written complaint with the Registrar of Contractors…”  Eligibility to file a complaint is not limited to the “buyer”. Eligibility to file a complaint extends to the property owner, and/or, future property owner(s). Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten- point bold type… 9d: …and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365. REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form (for use on future projects) that complies with A.R.S. § 32-1158

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Jobsite Inspection Photos 1 Complaint No.: 2024-04310 Investigator: John Smith #194 Inspection Date: 5/24/2024 Inspection Time: 10:00AM Jobsite address: 13274 N. Regulation Dr., Oro Valley, AZ 85755

Jobsite Inspection Photos 2 Complaint No.: 2024-04310 Investigator: John Smith #194 Inspection Date: 5/24/2024 Inspection Time: 10:00AM Jobsite address: 13274 N. Regulation Dr., Oro Valley, AZ 85755

Jobsite Inspection Photos 3 Complaint No.: 2024-04310 Investigator: John Smith #194 Inspection Date: 5/24/2024 Inspection Time: 10:00AM Jobsite address: 13274 N. Regulation Dr., Oro Valley, AZ 85755

Jobsite Inspection Photos 4 Complaint No.: 2024-04310 Investigator: John Smith #194 Inspection Date: 5/24/2024 Inspection Time: 10:00AM Jobsite address: 13274 N. Regulation Dr., Oro Valley, AZ 85755

Complainant: Lynne Fulp 13274 N Regulation Dr Oro Valley, AZ 85755

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: SunUp America LLC 625 S. Smith Rd., Suite 11 Tempe, AZ 85288

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 28, 2024

License No. ROC 333266

Re: Complaint No. 2024-04310

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 Tuesday, June 25, 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 reasons1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 The respondent’s representative, during this inspection, confirmed the inverter is bad, needs to be replaced, is not functioning properly, and is not allowing the rest of the system to function properly. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar’s telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten- point bold type… 9d: …and the contract shall be signed by the property owner and the contractor or the contractor’s designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365. REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form (for use on future projects) that complies with A.R.S. § 32-1158

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

Complaint Item 1: “SunUp took over 7 mos to complete project, never communicated with owner about nature of installation, made unilateral changes contrary to what owner anticipated when contract signed, and brushed aside owner's attempts to understand installation. Owner ended up with flawed partial home system rather than desired whole home; SunUp unresponsive.” Investigator’s Observations: These statements by the complainant do not implicate a specific workmanship issue, or a specific violation of A.R.S. § 32-1154(A). Governing Rule: N/A

Complaint Item 2: “Installed system is not as agreed when contract signed; substantial change never discussed with owner.” Investigator’s Observations: This allegation is NOT verified as a violation of A.R.S. § 32-1154(A). The contract includes: • …installation of a 6.480 kW system which will produce a minimum first-year output of 11044 kWh • Special Instruction o You will be having a Tesla Powerwall + (plus) installed. Powerwall Plus will operate the AC system for up to 4 hours dependent upon the usage of the AC. o SunUp will provide a Tesla Powerwall +, with no substitutions. As stated by the complainant, in the submitted complaint: • (They installed 18 panels at 370 W each = 6,660 watt system) As verbally explained by the complainant during the jobsite inspection. • They installed a partial home system, when she was expecting a whole home system.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 The contract is for a grid-tied photovoltaic solar system with a battery back-up. The contract does not specify “Whole home system” or “Partial home system” There is insufficient evidence to verify the system is not installed as per the contract. Governing Rule: N/A

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

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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

Date: 7/9/2024

Complaint No.: 2024-04310 Investigator: John Smith #194

Complainant: Lynne Fulp

Respondent: SunUp America LLC

Compliance Notes:

Number of days allowed for corrective work per the Directive: 28 Number of days from issuance of the Directive to the date of this letter: 42

General Notes: • Some corrective work was performed during the Directive period; however the system is still not functioning correctly. • An email from the respondent, dated July 9, 2024, acknowledges the system is not functioning correctly. • The Directive was issued May 28, 2024. • At that time, the respondent had an active KB-2 General Contractor License. • As of July 2, 2024, the status of that license is: “Voluntarily cancellation”. • The respondent acknowledges that additional corrective work is needed; however: o The respondent has no current or active contractor licenses. o The respondent is no longer able to perform, or hire others to perform, corrective work.

• Additionally, the respondent has not submitted a contract form that includes all required elements.

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

RCC100 11/14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Lynne Fulp, Case No. 2024-04310 COMPLAINANT, v. SunUp America LLC, CITATION License Nos. ROC 333266, 325273 RESPONDENT.

The Registrar issues this Citation to SunUp America LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 26, 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 13, 2024, Lynne Fulp (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge: 2 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

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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 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge: 3 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-04310. 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 July 26, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE 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 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 constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated July 11, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 11, 2024 to:

Respondent Certified Mail No: [number redacted] SunUp America LLC 625 S. Smith Rd., Suite 11 Tempe, AZ 85288

Copy mailed by USPS First Class mail this same date to: Respondent SunUp America LLC 625 S. Smith Rd., Suite 11 Tempe, AZ 85288 Complainant Lynne Fulp 13274 N. Regulation Dr. Oro Valley, AZ 85755

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. 2024-04310 /

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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)

Lynne M Fulp Mailing Address (Enter jobsite in Contract/Project section) City State Zip

13274 N Regulation Dr Oro Valley Arizona 85755 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)

SunUp America LLC ROC 333266 Street Address City State Zip

Phone Number Email

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

Paul E. Gugel Contract/Project Information Contract Date Contract Amount Amount Paid

May 17, 2023 $35,000.00 $35,000.00 Date Work Started Date Work Stopped Date Work Was Completed

June 21, 2023 January 4, 2024 January 4, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

13274 N Regulation Dr Oro Valley AZ 85755 Name of Construction Site Owner Construction Site Name (if applicable)

N/A N/A 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 Written All change orders were N/A This project was Residential This project involved Other Installation of solar photovoltaic system A building permit was obtained by Contractor TEPDG-57581 Tucson Electric Power 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)

SunUp took over 7 mos to complete project, never communicated with owner about nature of installation, made unilateral changes contrary to what owner anticipated when contract signed, and brushed aside owner's attempts to understand installation. Owner ended up with flawed partial home system rather than desired whole home; SunUp unresponsive. Allegations Listed on Complaint:

Installed system is not as agreed when contract signed; substantial change never discussed with owner.

System now reliant on energy export to grid at wholesale and paying retail for use of same to power home.

Requests for discussion of possible remedies are now being completely ignored by all SunUp personnel.

TEP meters are not receiving clear data from PV system; no response from SunUp. ROC inspection scheduled for April 26.

Tesla app shuts down during simulated power outage test for system function. No response from SunUp.

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

Lynne M Fulp \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 38C5453F-8F2B-474B-B897-30F803D66688

�SUNUP �AMERICA

EC: Eric Walter Date of Buyer's Signature _5/l7_1_2023 _ ___ _ _ _____ Lynne Fulp Homeowner(s)/Buyer(s) 13274 N Regulation Dr oro valley AZ 85755 Property Address City State Zip Code (520) 612-7189 [email redacted] Phone Number Phone Number Email Address

Description of Work Performed: Improvements/ Products / Services Breakdown of costs: Price PV PREP & INSTALLATION: photovoltaic (PV) system, project planning, Contract Price material & $ 35000 site inspection, engineering if required, system design, drawings, permit, labor (including sales tax) utility application, and installation of a 6.480 kW System which Initial down payment due at %.7,500.00 will produce a minimum first-year output of 11044 kWh. signing of agreement (50%) They installed 18 panels at 370 W each = 6,660 watt system Due at Delivery of Materials %.4,000.00 Class A module-standard (40% Tesla Inverter (Monitored by Tesla) Due at Activation (10%) $3,500.00

Battery (Qty.): Tesla Powerwall + (1) Additional Items $ $

Panel type: Tier 1 or Other (specify):

Utility Company Tucson Electric Power Payment Type: CASH Finance: cash X check Lender: Special Instructions You wi 71 be havina a Tesla Powerwall + (Plus) installed. Powerwall Plus will operate the AC system for up to 4 hours dependent upon the usage of the AC. SunUP will provide a Tesla Powerwall +, with no substitutions. UNLESS OTHERWISE PROHIBITED BY LOCAL LAW, the following terms and conditions apply: SUNUP AMERICA, LLC ("SUA," "SunUp," or "Company") IS NOT A LENDER but may assist/facilitate Buyer in obtaining financing. Approval and terms of financing are subject to third-party manufacturers' products warranties. Company agrees to pass along all existing product and manufacturers' warranties to the Buyer(s). OBLIGATION. In consideration of the rendering of services and/or the furnishing of materials, as above designated, we, the undersigned property owner(Buyer(s), jointly and severally, agree and promise to pay to Company the sum of ($ 35000 ) dollars, including all costs of collection, reasonable attorneys' fees and interest at the rate of 1.5% per month (18% annual percentage rate) on any unpaid balance of the amount owed or any other breach under this Agreement not cured within 10 days of written notice. ALL MONTHLY PAYMENTS UNDER THIS AGREEMENT ARE IN ADDITION TO YOUR UTILITY BILLS. APPROXIMATE START DATE. a. Work will be considered commenced when SUA begins preparation work for the Photovoltaic System. b. Installation will typically begin 2-12 weeks after this Agreement has been signed by Buyer and SUA. c. Work will be considered substantially commenced when materials arrive at the job site.

APPROXIMATE COMPLETION DATE. a. Work will typically be substantially complete within 4-18 weeks after this Agreement has been signed by Buyer and SUA, depending on: i. the scope of work; and ii. approvals from the applicable jurisdiction and utility.

Initials ___!/!!_I__ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROG 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 38C5453F-8F2B-474B-B897-30F803D66688

b. Work will be considered complete when Permission to Operate ("PTO") has been granted by the utility to energize the system. NOTICE OF CANCELLATION may be sent to the company at the address below. ALL SAVINGS ARE ESTIMATES. All savings and production numbers are estimates. Several variables affect actual savings and energy production, such as: tilt of panels, orientation to the sun, shading, your individual pricing program with your utility provider, and your individual consumption habits, etc. COMPARABLE PRODUCT Company reserves right to install comparable products if the particular brands or models listed are not suitable or available for the property. LIMITATION OF LIABILITY. In no event shall Company's aggregate liability, if any, for damages or otherwise, arising out of or related to any product, installation of any product, any service or any repair work, exceed the purchase Price actually paid by Buyer for such product or service. Company shall not be liable for any incidental, consequential, or special damages or for economic loss or expense, or for loss of profits of Buyer(s) even if Company has been apprised of the possibility thereof. ENTIRE AGREEMENT/MERGER/INTEGRATION. This Agreement, the video sales presentation, worksheet and materials, the Contract Acknowledgments page, and all attachments hereto, constitute the entire understanding of the parties. All prior and contemporaneous agreements, representations, statements, negotiations, understandings, undertakings and oral assertions are superseded. This Agreement may be modified only in a written document signed by both parties. TERMS & CONDITIONS. We agree to and accept the General Terms, Conditions, Disclosures, and Contract Acknowledgments of this Agreement. We acknowledge receipt of a completed copy of the attached Notice to Buyers, Notice of Cancellation and other disclosures attached hereto and incorporated herein by reference.

NOTICE TO THE BUYER: DO NOT SIGN THIS AGREEMENT UNTIL YOU HAVE READ IT AND ALL ITS ATTACHMENTS, OR IF THIS AGREEMENT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE AGREEMENT YOU SIGN. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF SIGNING THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

I HAVE READ AND UNDERSTAND THE ABOVE. I HAVE THE AUTHORITY AND LEGAL CAPACITY TO SIGN AND ENTER INTO THIS AGREEMENT. cf� � 5/17/2023 X Signature X Signature fur, Walh.r 5/1712023 X Sunup America, LLC Representative

Initials ___!/!!_I__ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ. 85040 (844) 786-8729 ROG 325273 and 333266 www.sunupamerica.com

ENERGY SAVINGS REPORT FOR

Lynne Fulp 13274 N Regulation Dr, Oro Valley, AZ 85755

(520) 612-7189

[email redacted]

Estimated Daily

+ Requirement

44.3 Estimated Battery Size kWh/day Recommendation Do you have these appliances? 9.2 kWh How many square feet is your home? Peak Power 1700 10.2 kW How many hours of backup do you need? Use during Use during Use during outage? outage? outage? Based on square footage 1

Add to Quote CHOOSE Quantity

YOUR Total Storage Capacity

13.5 kWh Tesla Powerwall+ Usable Energy: 13.5 kWh 9.6 kW Discharge Power Discharge Power: 9.6 kW

BATTERY Peak Discharge Power: 22 kW (10s)

Your Solar Design Modules Seraphim SEG-405-BMD- TB - 405W (x16)

Inverter Tesla Tesla 7.6kW

System Size 6.48 kW

Estimated Yearly Production 11,044 kWh SYSTEM DETAILS

Energy Consumption Solar Production

SEER

SEER SOLAR OFFSET SEER 110% 18-20 SEER

Tesla Battery

YOUR CURRENT YOUR UTILITY BILL SOLAR PAYMENT Energy Fixed

$100 + $14 = $114 Total

$0 Energy Fixed Total

New Utility Bill: $18 + $11 = $29 Avg. 25-yr Cost per Solar kWh $0.135/kWh

Current Cost per kWh $0.136/kWh

25-YEAR SAVINGS $4,407

HOW WILL YOU USE Cash YOUR INCENTIVE? Select Finance Option

Federal Tax Credit $10,500.00 AZ State Tax Credit $1,000.00

*This is not an offer for financing nor a commitment to lend. You must supply directly with the lender. Your actual available terms and rates may vary, Financing is subject to underwriting an approval. Incentives and tax savings are estimate. Intended only for illustration purposes and they are not guaranteed. Sunup America Consultants are After your first 16 months, your payments will increase significantly as represented by unchecking the boxes to not Tax advisors. Your results may vary from the figures shown, you should consult your tax advisor to determine the right if you do not apply your federal and state tax credits whether you are eligible for tax credits.

Cash Price $35,000.00

Net System Cost

$35,000

THE SAVINGS

$114 $303 Current Average Average Bill in Bill 25 years

$1,365 $3,639 Current Annual Annual Utility Bill in Utility Bill 25 years $56,854 $56,854 $52,447 year cost of doing nothing STAY WITH ELECTRIC SWITCH TO SOLAR

THE FACTS

More solar will be installed in the United States in the next two years than the last 40+ years combined

183 $ 19,764 Tons of Equivalent Number Estimated Value CO2 Offset* of Trees Planted Added to Your Home* (source) (source) (source)

THE PROCESS STEP 1 Savings Report

STEP 2 Approval Process

STEP 3 Documents

STEP 4 Site Survey

STEP 5 CAD/Permit STEP 6 Installation

STEP 7 System Activation

PROPOSAL DETAILS Utility Annual Utility Bill $1,365 Current Consumption 10,010 kWh Estimated Cost Per KWh $0.136/kWh Annual Utility Price Escalator 4% Current Rate Plan Basic Residential Service Post Solar Rate Plan Residential Service TOU Utility Company Tucson Electric Power

System System Size 6.48 kW Year 1 Solar Production 11,044 kWh Annual Degradation 0.53% Year System Production 258,600 kWh Estimated Cost Per KWh $0.135/kWh

Cost Total Cost $35,000.00 Post Solar Annual Utility Bill $342

Sunup America does not provide tax or legal advice. You should consult your tax advisor for more information. The interest rate provided in this proposal is subject to credit approval by the financing provider for your loan. The data provided in this proposal is a preliminary estimate and does not represent a binding agreement or obligation. No party provides and guarantees, warranties, or representations regarding the production, utility rate increases, or any other data in this sales proposal. This proposal is a preliminary estimate and not an approval for financing. [1]

REFER A FRIEND

$1000 Paid Upon Installation

Get Started Payment receipt

You paid $2,950.00 to SUNUP AMERICA on 1/10/2024

Invoice no. 1704 Invoice amount $2,950.00 Total $2,950.00

Status Paid Payment method Credit Card Authorization ID MQ0207393318

Thank you

SUNUP AMERICA +1 [number redacted]

[email redacted] 3321 East Atlantic, , AZ

No additional transfer fees or taxes apply.

PDF_RECEIPT_MTL_FOOTER Payment receipt

You paid $2,950.00 to SUNUP AMERICA on 1/10/2024

Invoice no. 1704 Invoice amount $2,950.00 Total $2,950.00

Status Paid Payment method Credit Card Authorization ID MQ0207393318

Thank you

SUNUP AMERICA +1 [number redacted]

[email redacted] 3321 East Atlantic, , AZ

No additional transfer fees or taxes apply.

PDF_RECEIPT_MTL_FOOTER DocuSign Envelope ID: 38C5453F-8F2B-474B-B897-30F803D66688

�SUNUP �AMERICA

Battery (Qty.): Tesla Powerwall + (1) Additional Items $ $

Panel type: Tier 1 or Other (specify):

Initials ___!/!!_I__ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROG 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 38C5453F-8F2B-474B-B897-30F803D66688

Initials ___!/!!_I__ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ. 85040 (844) 786-8729 ROG 325273 and 333266 www.sunupamerica.com

ENERGY SAVINGS REPORT FOR

Lynne Fulp 13274 N Regulation Dr, Oro Valley, AZ 85755

(520) 612-7189

[email redacted]

Estimated Daily

+ Requirement

Add to Quote CHOOSE Quantity

YOUR Total Storage Capacity

13.5 kWh Tesla Powerwall+ Usable Energy: 13.5 kWh 9.6 kW Discharge Power Discharge Power: 9.6 kW

BATTERY Peak Discharge Power: 22 kW (10s)

Your Solar Design Modules Seraphim SEG-405-BMD- TB - 405W (x16)

Inverter Tesla Tesla 7.6kW

System Size 6.48 kW

Estimated Yearly Production 11,044 kWh SYSTEM DETAILS

Energy Consumption Solar Production

SEER

SEER SOLAR OFFSET SEER 110% 18-20 SEER

Tesla Battery

YOUR CURRENT YOUR UTILITY BILL SOLAR PAYMENT Energy Fixed

$100 + $14 = $114 Total

$0 Energy Fixed Total

New Utility Bill: $18 + $11 = $29 Avg. 25-yr Cost per Solar kWh $0.135/kWh

Current Cost per kWh $0.136/kWh

25-YEAR SAVINGS $4,407

HOW WILL YOU USE Cash YOUR INCENTIVE? Select Finance Option

Federal Tax Credit $10,500.00 AZ State Tax Credit $1,000.00

Cash Price $35,000.00

Net System Cost

$35,000

THE SAVINGS

$114 $303 Current Average Average Bill in Bill 25 years

$1,365 $3,639 Current Annual Annual Utility Bill in Utility Bill 25 years $56,854 $56,854 $52,447 year cost of doing nothing STAY WITH ELECTRIC SWITCH TO SOLAR

THE FACTS

More solar will be installed in the United States in the next two years than the last 40+ years combined

183 $ 19,764 Tons of Equivalent Number Estimated Value CO2 Offset* of Trees Planted Added to Your Home* (source) (source) (source)

THE PROCESS STEP 1 Savings Report

STEP 2 Approval Process

STEP 3 Documents

STEP 4 Site Survey

STEP 5 CAD/Permit STEP 6 Installation

STEP 7 System Activation

System System Size 6.48 kW Year 1 Solar Production 11,044 kWh Annual Degradation 0.53% Year System Production 258,600 kWh Estimated Cost Per KWh $0.135/kWh

Cost Total Cost $35,000.00 Post Solar Annual Utility Bill $342

REFER A FRIEND

$1000 Paid Upon Installation

Get Started 7/15/24, 8:28 AM State of Arizona Mail - Re: Citation Case No. 2024-04310

Answers - AZROC <[email redacted]>

Re: Citation Case No. 2024-04310 message

Paul Gugel <[email redacted]> Fri, Jul 12, 2024 at 4:42 PM To: [email redacted]

Written Answer to Citation and Complaint Case No. 2024-04310 | Fulp

Dear Sirs:

Respondent, SunUp America LLC, denies all charges in the above-referenced Citation and Complaint. Ms. Fulp's solar system is installed and activated and we continue to address performance issues.

SunUp America sold its existing customer base to SunUp- Arizona, LLC d/b/a Simple Solar Industries earlier this year, before all of SunUp America's licenses were voluntarily cancelled or revoked.

During a 07/10/2024 telephone conversation with the ROC, the Legal Department indicated that if SunUp- Arizona LLC has a valid ROC license (which it does, 347584), the ROC cannot tell Sun-Up- Arizona it can or can't do work sold to it by SunUp America. We would appreciate the Legal Department's passing that word on to the job site inspectors so that potential resolution of claims is not prevented by their being uninformed on this issue.

In that spirit, SunUp- Arizona plans to continue sending its technicians out to get as many systems activated, and as many ROC complaints against SunUp America resolved, as it has resources to accomplish.

Our most recent communications with Ms. Fulp on 07/09/2024 informed her that we would be following up on her issue.

Respectfully,

Paul E. Gugel Corporate Counsel

On Thu, Jul 11, 2024 at 1:00 PM Legal New Mail - AZROC <[email redacted]> wrote: Hello,

Attached please find an electronic courtesy copy of the Citation issued in this case. This document was also sent to your attention via US Mail.

Thank you, https://mail.google.com/mail/b/AEoRXRRmhMT4H_zgAe-hegVsRV-1MTfh0_fB_IdL5dpmBlww3TR2/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/2 7/15/24, 8:28 AM State of Arizona Mail - Re: Citation Case No. 2024-04310

Arizona Registrar of Contractors Legal Department

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

https://mail.google.com/mail/b/AEoRXRRmhMT4H_zgAe-hegVsRV-1MTfh0_fB_IdL5dpmBlww3TR2/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 2/2 Mediation Notice

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

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

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

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

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

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

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

_____________________________________ _______________________ Respondent (or representative) Date

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

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

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

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

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

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

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

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

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

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

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

4. Subject Matter of Expected Testimony

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

Exhibit Exhibit Name

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

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

Print Name Signature Date

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