2024A-04409-NPC-ROC Notice of Hearing & Packet MAILED 2024-04409.pdf

2024A-04409-NPC-ROC · Registrar of Contractors · 2024-06-04

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Cactus Mechanical Inc., Case No. 2024-04409

COMPLAINANT, Docket No. 2024A-04409-NPC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE SunUp America LLC License No. ROC 333266,

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

HEARING INFORMATION The hearing is set for:

July 22, 2024 9:00 AM Velva Moses-Thompson Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on May 13, 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)(10)

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.

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 June 4, 2024.

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

Copy mailed via USPS First Class mail June 4, 2024 to:

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

Complainant(s) Cactus Mechanical Inc. 2038 W Ironwood Dr. Phoenix, AZ 85021

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. 2024-04409 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

5/24/24, 2:44 PM State of Arizona Mail - Re: No Pay Complaint - 2024-04409

Legal New Mail - AZROC <[email redacted]>

Re: No Pay Complaint - 2024-04409 message

Paul Gugel <[email redacted]> Fri, May 24, 2024 at 11:02 AM To: Shaquira Adebule <[email redacted]>, [email redacted]

Ms. Adebule:

As stated in my email of April 29, SunUp America lacks the necessary disposable funds to resolve (that is, to pay) this complaint by Cactus Mechanical.

Our focus is adn has been on completing existing customers' projects and resolving their complaints.

We ask for and would appreciate the ROC's patience in our efforts.

Respectfully,

Paul E. Gugel

On Thu, May 23, 2024 at 4:39 PM Shaquira Adebule <[email redacted]> wrote: Hello,

This is a courtesy email to remind you to file a timely answer to the citation issued in case 2024-04409 by May 28, 2024. Failure to provide a timely answer will result in the discipline of your license.

Thanks,

Shaquira Adebule Legal Assistant II Arizona Registrar of Contractors 1700 W Washington St., Suite 105 Phoenix, AZ 85007 Office: 602-771-6817 [email redacted]

The ROC is now on social media! Make sure to follow us on: Facebook Twitter Fill out AZ ROC's survey to let us know how we're doing and how we can better serve you! Facebook

https://mail.google.com/mail/b/AEoRXRTtH-Iukzqo7YrFCx2BFIFewHlRikbfxojX4FKwipfH-L_b/u/0/?ik=d3afebeda9&view=pt&search=all&permthid=thr… 1/1 April 22, 2024

Via U.S. Mail and Email

Complainant Cactus Mechanical Inc. 2038 W Ironwood Dr Phoenix, AZ 85021

Via U.S. Mail and Email

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

Re: Complaint No. 2024-04409

Dear Complainant and Respondent:

The Registrar received a complaint filed against SunUp America LLC for non- payment of materials or services rendered. This complaint is complete and will be substantively reviewed by the Registrar.

Respondent is free to raise any issue or affirmative defense to this complaint by filing a response with the Registrar by April 29, 2024. Please reference the complaint number listed above if you file a response. Respondent may file a response by: Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Email: [email redacted]

The Registrar will not issue a citation before April 29, 2024 and will review Respondent’s response, if one is submitted.

Please be advised that a response to the complaint is not the same as a written answer. If the Registrar issues a citation Respondent must file a written answer to that citation in accordance with A.R.S. § 32-1155.

Sincerely,

/s/ Shaquira Adebule Shaquira Adebule

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Legal Assistant II Legal Department AZ Registrar of Contractors 602-542-1525

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg100 4/21 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Mike Robert Sands Street Address City State Zip Code 2038 W Ironwood Dr Phoenix Arizona 85021 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) SunUp America LLC ROC 333266 Street Address City State Zip Code 3321 E Atlanta Ave. Phoenix Arizona 85040 Phone Number Email Address

Name of Person(s) Representing License Stephan Roblez Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $13,099.60 August 11, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Mitchell Duman $12241.20; Stan Elder $231.20; Arturo Ortiz $627.20

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Mike Robert Sands Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Mike Robert Sands 4/30/24, 9:43 AM State of Arizona Mail - Non-payment complaint 2024-04409

Legal New Mail - AZROC <[email redacted]>

Non-payment complaint 2024-04409 message

Paul Gugel <[email redacted]> Mon, Apr 29, 2024 at 7:04 PM To: [email redacted]

Dear ROC:

In response to this Complaint, SunUp wishes to point out that it had entered into a repayment agreement with Complainant in November, 2023 to cover amounts owing and has been making regular payments thereon.

We admit, however, that recent installments have been missed due to lack of disposable funds to make them.

We continue to try to "right the ship" and get Complainant's payment made.

Respectfully,

Paul E. Gugel

https://mail.google.com/mail/b/AEoRXRS66cq3ccdu7cJcAQwfKl9OEY3afl8i8ZkaYWc9vTsMYC7o/u/0/?ik=d3afebeda9&view=pt&search=all&permthid… 1/1 Jk^kFHAÿEGIHlÿPC M6562ÿ=XÿPO0R=:5ÿC50;ÿYÿ̀582ÿFGFHYGHHGmÿYÿn=6042ÿ=Xÿn=YK5Dÿ̀=/V;50:6ÿYÿo[ÿn[LÿpqKrsReceived 5/1/2024 Legal Department

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966V8Ikk/50;<S==S;2<4=/k/50;k7kGkt01u5EG@@mbQH4vT02ZuV6v825O49u5;;vV2O//8S0@u/8SYXIElmlbbbbmJlbFFJEaJGv80/V;u/8SYXIElmlbbbbmJlbFFJEw EkE Received 5/1/2024 Legal Department SUBCONTRACT AGREEMENT- CACTUS MECHANICAL

THIS SUBCONTRACT AGREEMENT ("Agreement") is entered into on October 20, 2022, by and between Sunup America, LLC with principal place of business at 3321 E. Atlanta Ave., Phoenix, AZ 85040 ("SunUp") and Cactus Mechanical, Inc. with place of business at 2038 W. Ironwood Dr., Phoenix, AZ 85021 (hereinafter "Subcontractor''), and collectively referred herein as ("the Parties").

ARTICLE 1

CONTRACT UNDERTAKINGS

1.1. Assignment of Existing Maintenance Duties. Sunup hereby assigns and Subcontractor hereby accepts SunUp's existing Customer obligations under maintenance agreements for A/C units SunUp has installed up to the date of this Agreement.

1.2 Performance of Future Installations and Maintenance. Sunup hereby appoints Subcontractor to be an installer and maintenance provider for A/C units Sunup sells from the date of this Agreement until this Agreement is terminated.

ARTICLE2

THE WORK

2.1. Supply of Labor and Materials. Subcontractor agrees to furnish all labor, tools and equipment required to perform the Work.

2.2. Work Start Date. The Subcontractor shall commence the Work within three (3) days of SunUp's issuing a notice-to-proceed schedule on a Project

2.3. Guaranteed Completion Date. Subcontractor guarantees that it shall achieve completion of the Work in the timeframe agreed upon between SunUp and Subcontractor, as may be adjusted due to force majeure events, Customer delays, or utility or governmental authority delays ("Guaranteed Completion Date"), or for reasons otherwise agreed upon in writing by the Parties.

2.4. Damage repair. Subcontractor agrees, at its own expense, to repair any damage it causes to Customer property (e.g., sheetrock and scuttle repair, etc.).

ARTICLE3

PERMITS AND INSPECTIONS

3.1 Permit Inspection Requirements. Building codes and permit/inspection requirements differ from one local government to another. Subcontractor represents that it is knowledgeable of such local requirements within the area it agrees to perform Work and that it shall remain informed of any changes to such local requirements.

3.2 Securing Permits. The Subcontractor agrees to secure local permits/licenses which may be required for the performance of the Work and agrees to submit all documents, fees, licenses and inspection forms and other things necessary and incidental for the completion of the Work specified. The Subcontractor also agrees that the Contract Price includes fees and expenses required for and/or incidental to securing such permit or inspection as may be applicable to Subcontractor's Work.

3.3 Scheduling of Inspection. The Subcontractor agrees to coordinate and/or communicate with the city or local government the scheduling of inspections or evaluation, if applicable, of the work site, work or materials used, which may be part of the process for securing a permit from the city or local government. The Subcontractor also agrees to coordinate and communicate with the city or local government appointments for the final inspection of the Project when the Subcontractor's work has been completed. Any cost for inspections has been factored into the Contract Price. Received 5/1/2024 Legal Department

3.4 Inspection Results. Sunup shall have the right to require submission of documentation showing the result of any inspection. In the event that the Subcontractor's Work fails the inspection, Subcontractor shall have 48 hours to resolve the issue, then Sunup shall take all reasonable steps necessary to get the Work to pass inspection at the Subcontractor's cost.

3.5 Photographs. Subcontractor shall submit before and after photos of the Work completed for upload by Sunup, based on a photo list that Sunup provides or using SunUp's document program.

ARTICLE4

CONTRACT PRICE

4.1 Contract Price for Installations. Sunup agrees to pay Subcontractor per the terms of the attached price sheet ("Price Sheet"), which Subcontractor may amend from time to time upon ten (10) days' advance written notice to SunUp. In addition to the terms contained on the Price Sheet, Subcontractor charges one dollar ($1)/mile and eighty-four dollars ($84)/hour for work outside the local Phoenix area.

4.2 Subcontractor Installations. Subcontractor is responsible to provide maintenance Work on all A/C units Subcontractor installs.

ARTICLES

PAYMENT

5.1 Single Final Invoice for Payment The Subcontractor shall submit a final single invoice after the completion of its Work. The single final invoice shall set forth the total cost of the services performed as per the Price Sheet. Sunup will pay the Subcontractor's invoice amount on the second Friday following completion of the Work. For example, Work completed on a Thursday will be paid eight (8) days later; Work completed on a Friday will be paid fourteen (14) days later.

ARTICLE6

ADDITIONAL UNDERTAKINGS

6.1 Non-Solicitation of Customers, Customer Prospects. Each Party agrees that during the term of this Agreement it may solicit or attempt to solicit business for its particular product/service from the other Party's customers or customer prospects.

6.2 Sales leads and customer referrals. Subcontractor agrees to refer solar sales leads to Sunup.

ARTICLE 7

TIME, DELAYS AND EXTENSION

7.1 Time Extension for No-Fault Delays. If the progress of Subcontractor's Work, or any entity working for Subcontractor, is delayed by acts of the Customer, Sunup, or by other parties or events for which Subcontractor is entitled to a time extension and without any fault or responsibility on the part of Subcontractor, then Subcontractor may request an extension of the time for the performance of same, as hereinafter provided, but shall not be entitled to any increase in the Contract Price or to damages as a consequence of such delay or interference, except to the extent that Sunup is entitled to compensation for such delay or interference, and then only to the extent of any amounts that Sunup may, on behalf of Subcontractor, recover from the Customer for such delay or interference. Received 5/1/2024 Legal Department

ARTICLES

INSPECTION AND ACCEPTANCE

8.1 Obligation to Ensure Quality. The Subcontractor is responsible for the quality control and quality assurance of the Work, materials and equipment contemplated in this Agreement.

8.2 Inspection and Updat�. Sunup may, at its option, conduct inspection of each project of the Subcontractor, before, during or after the time the Subcontractor's Work is completed. Upon request of SunUp, the Subcontractor shall provide reasonable opportunity, within work hours, for Sunup for inspection of the Project undertaken by the Subcontractor.

8.3 Defective Work and Materials. In the event that the Work or the materials used are determined to be defective or unsatisfactory, Subcontractor shall remove the defective or unsatisfactory Work at no expense to Sunup or Customer within forty-eight (48) hours from receipt of notice from SunUp about such defect.

ARTICLE 9

NO ASSIGNMENT OR SUBCONTRACTING WITHOUT CONSENT

9.1 No Assignment Without Consent Subcontractor shall not, without advance written consent of Sunup, assign, transfer or further subcontract any portion or part of the Work, nor assign any right to payment hereunder to any third-party. If SunUp provides such consent, then Subcontractor shall incorporate the terms of this Agreement into its contract with any such third-party in manner that: (i) provides SunUp the same rights against such third-party as Sunup has against Subcontractor under this Agreement; and (ii) ensures that such third-party has the same obligations to Sunup that Subcontractor has under this Agreement.

9.2 Requirements for Sub-subcontractors. Subcontractor shall require any third-party (hereinafter "Sub­ Subcontractor") to provide: a) any license required by the state government to undertake the contemplated Work; and b) all certificates of insurance and additional insured endorsements required under this Agreement and deliver them to SunUp if requested, before allowing any third party to begin work.

9.3 Responsibility for Sub-subcontractor's Work. Subcontractor shall be fully responsible for the works, services, and materials and the acts, defaults and neglect of any Sub-Subcontractor, its agents or employees as fully as if they were those of the Subcontractor, its agents or employees.

9.4 Assignment by Sunup. Sunup may assign this Agreement or any individual Project to its affiliates or a third party for purposes of operation, financing and/or servicing of the A/C system.

ARTICLE 10

MECHANICS LIENS PERTAINING TO SUBCONTRACTOR'S WORK

O.1 Release of Mechanic's Lien. Subcontractor shall not permit any mechanics liens relating to the performance of Work by others to be recorded on the Customer's property. Within 10 days after receiving notice that a lien has been recorded, Subcontractor shall at its cost (including attorneys' fees) and liability either: (i) satisfy the lien and obtain a release; or (ii) if Subcontractor wishes to dispute the lien, it shall obtain a bond releasing the mechanics lien and proceed to defend against the lien. If Subcontractor fails to fully comply with its obligations under this paragraph, then Sunup is authorized to use whatever means necessary in its reasonable discretion to cause such lien to be released, including without limitation, payment or litigation, and all resulting damages, attorneys' fees and other costs are chargeable solely to Subcontractor, which Sunup may satisfy from, among other sources, any monies that are or may become due to Subcontractor. Received 5/1/2024 Legal Department

ARTICLE 11

TERMINATION

11.1 Termination for Convenience. Either party may at any time and for any reason terminate the other party's right to perform under this Agreement for convenience and without cause by providing thirty (30) days' written notice. Upon receipt of such notice, Subcontractor shall immediately finish the existing Work at the agreed upon prices.

11.2 Force Majeure. Neither Subcontractor nor Sunup shall be responsible for any delay or failure of performance caused by unexpected emergencies or disasters, such as fire, flood, earthquake, pandemic, riot, civil disturbance, war, acts of God, or similar causes beyond Subcontractor's or SunUp's control ("Force Majeure"); provided that the affected Party gives the other Party prompt written notice describing the Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure; no obligations of the Party that arose before the occurrence causing the suspension of performance shall be excused as a result of the occurrence of the Force Majeure unless the performance of such obligations is impaired by the Force Majeure; and the Party uses commercially reasonable efforts to overcome or mitigate the effects of the Force Majeure.

ARTICLE 12

INDEPENDENT CONTRACTOR; INSURANCE

12. 1 Relationship of the Parties. The Subcontractor is an independent contractor and not an agent, employee, franchisee or partner of Sunup or its affiliates. Subcontractor agrees that any unauthorized commitment made by Subcontractor to the Customer with respect to Sunup will be Subcontractor's sole responsibility. Subcontractor shall pay all related local, state and federal taxes of any kind, as well as all social security, unemployment, fringe benefits or other remunerations paid to Subcontractor's employees or which otherwise result from the performance of their labor as required by law or any collective bargaining agreement.

12.2 Insurance. The Subcontractor, as an independent contractor, is responsible for its own General Liability, Business Auto Liability, Worker's Compensation and Employers Liability insurance. SunUp must be provided with Subcontractor's certificate of insurance showing SunUp's Additional Insured status that is primary to and non-contributing with any other insurance. Subcontractor waives all rights against Sunup, its owners, agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Subcontractor's Commercial General Liability, Business Auto Liability, Workers Compensation and Employers Liability insurance maintained per requirements and where permitted by law.

ARTICLE 13

DISPUTE RESOLUTION PROCEDURE AND AGREEMENT TO ARBITRATE

13.1 Alternative Dispute Resolution. All claims, disputes, and other matters in question between the Parties to this Subcontract Agreement, arising out of or relating to this Subcontract Agreement, or the breach thereof, including the gateway issue of arbitrability itself, shall be submitted to arbitration in Phoenix, Arizona. The rules and procedures of such arbitration will be the Construction Industry Rules of the Judicial Arbitration and Mediation Services ("JAMS") unless the Parties mutually agree in writing otherwise. The decision of the arbitrator(s) shall be final, conclusive and binding upon the Parties hereto, and shall be enforceable in any court of competent jurisdiction. The prevailing party in any arbitration or court proceeding shall be entitled to its reasonable attorneys' fees and all related costs and expenses. Received 5/1/2024 Legal Department

ARTICLE 14

WARRANTY

14.1 Warranty on Materials. Subcontractor warrants that all materials and equipment it furnishes, if any, will be new unless otherwise specified. In the event that such materials or equipment are not functioning in commercially acceptable condition, the Subcontractor shall provide replacement of the said material and/or equipment at its expense.

14.2 Warranty on Subcontractor's Work. Subcontractor represents that it has sufficient knowledge, skills and expertise to perform the Work. Subcontractor warrants that it will perform all work under this Agreement in a good and workmanlike manner, shall be of good quality, free from faults and defects. Subcontractor's warranty of its Work shall be for at least one {1) year from date of installation or repair, but in no event shorter than the warranty period it offers its other customers.

ARTICLE 15

CLEAN-UP

15. 1 Clean-up. At all times during the course of construction, Subcontractor shall perform its work so as to maintain the site in a clean, safe and orderly condition free from debris. Upon completion of the Work, Subcontractor shall clean all surfaces, fixtures, equipment, etc., and remove all replaced units, hazardous wastes and materials, temporary structures, debris and other waste incident to the performance of the Work.

ARTICLE 16

SUBCONTRACTOR REPRESENTATIONS

16. 1 Subcontractor Representations. Subcontractor warrants and represents that {i) Subcontractor {including Subcontractor's Sub-Subcontractors) possesses all applicable licenses, permits and other governmental authorizations as required and necessary to conduct its business and to perform each and every obligation of Subcontractor under this Subcontract Agreement and that Subcontractor has not received notice that any governmental authority intends to cancel, terminate or not renew any such licenses, permits or other governmental authorizations; (ii) Subcontractor has all requisite power, authority and capacity to enter into this Subcontract Agreement and to perform each and every obligation under this Subcontract Agreement; (iii) the person signing this Subcontract Agreement on behalf of Subcontractor is fully authorized and empowered to sign this Subcontract Agreement; (iv) if Subcontractor is an entity (e.g., limited liability company, corporation or partnership), subcontractor is duly organized, validly existing and in good standing under the laws of the State; (v) Subcontractor possesses necessary insurance required by law and this Agreement; and (vi) this Agreement constitutes the valid and binding legal obligation of Subcontractor enforceable in accordance with its terms.

ARTICLE 17

CONFIDENTIALITY; NON-DISPARAGEMENT

17.1 Duty of Confidentiality. Each party shall take reasonable measures to protect its confidential information. The Subcontractor shall take reasonable measures to protect SunUp's Confidential Information from disclosure and unauthorized use. For purposes of this Agreement, "Confidential Information" means any information disclosed by either party to the other party including those learned or acquired by any party, either directly or indirectly, in writing, orally or by inspection, including without limitation, all Customers, pricing, business processes information, Customer data, financial information and project information. Received 5/1/2024 Legal Department

17.2 Duty of Confidentiality Exclusions. Confidential Information will not include information that (a) was publicly known and made generally available in the public domain before the disclosing party disclosed it; (b) becomes publicly known after the disclosing party discloses it through no action or inaction of the receiving party; (c) was already in the possession of the receiving party when the disclosing party disclosed it; (d) the receiving party independently develops without use of the confidential information; or (e) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement before making the disclosure and assists the disclosing party in obtaining an order protecting the information from disclosure.

17.3 Non-disparagement. Neither party, whether directly or indirectly, shall make or cause others to make any disparaging, derogatory or otherwise negative statements, written, verbal or otherwise, nor leave any reviews, feedbacks, comments or any other similar statements, whether true or false, in public or private, to any person or entity, or in any public or private forum or circle, regarding the other Party, its work, or its affiliated parties, directors, officers, employees, agents or representatives.

ARTICLE 18

SUBCONTRACTOR PERSONNEL AND TRADEMARK USE

18.1 Smoking Prohibited. Subcontractor shall not engage in smoking of any substance at any time while on Customer premises.

18.2 Clothing and Appearance. Subcontractor shall cause its employees, personnel, agents and permitted Sub-subcontractors to present a neat and clean appearance, although none are permitted to wear Sunup branded clothing or other attire.

ARTICLE 19

MISCELLANEOUS PROVISIONS

19.1 Governing Law. This Contract shall be governed by, construed and enforced in accordance with Arizona law without reference to any choice of law principles.

19.2 Severability and Waiver. The partial or complete invalidity of any one or more provisions of the Contract shall not affect the validity or continuing force and effect of any other provision. The failure of either party hereto to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Contract, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to any other obligations herein.

19.3 Titles. The titles given to the Articles of this Contract are for ease of reference only and shall not be relied upon or cited for any other purpose.

19.4 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement.

19.5 Notice. Any written notice to be provided by a party to the other party under this Agreement shall be sent to the following:

a) lf to SunUp, at 3321 E Atlanta Avenue Phoenix, AZ 85040; b) If to Subcontractor, at ______________________ Received 5/1/2024 Legal Department

19.6 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and cancel and supersede any prior or contemporaneous understanding and agreements between the Parties relating thereto. There are no other representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied, statutory or otherwise between the Parties. This Agreement shall not be amended, supplemented or modified except in writing signed by the Parties.

IN WITNESS WHEREOF, the Parties sign this Subcontract Agreement on the date mentioned above.

S UN �l e zjtjU(. BY: ____________ £ _ ' TITLE: Member

CACTUS MECHANICAL, INC.

BY: _____________ Director

TITLE: ____________ REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Case No. 2024-04409 Cactus Mechanical Inc.,

COMPLAINANT, CITATION v. SunUp America LLC License No. ROC 333266, 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 May 28, 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, Cactus Mechanical Inc. (“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)(10) — Failure by a licensee or agent or official of a licensee to pay monies in excess of $750 when due for materials or services rendered in connection with the licensee's operations

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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 as a contractor unless the licensee proves that the licensee lacks the capacity to pay and has not received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. 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. 2024-04409. 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] 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 May 28, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a

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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 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). 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

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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 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. Dated May 13, 2024. By: /s/ Margaret Lindsey Margaret Lindsey Assistant General Counsel Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 13, 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:

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

Complainant Cactus Mechanical Inc. 2038 W Ironwood Dr Phoenix, AZ 85021

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. 2024-04409 /

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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 Non-Payment Complaint Form Departmental Use Only Complaint Number: Mail to: Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243

Person Filing Complaint (Payee) Business Name Full Name (First Middle Last) ROC License Number(s) (if any) Mike Robert Sands Street Address City State Zip Code 2038 W Ironwood Dr Phoenix Arizona 85021 Phone Number Email Address [number redacted] [email redacted] I consent to receive communications electronically in connection with this case

Name of Attorney (if any)

Attorney’s Street Address City State Zip Code

Attorney’s Phone Number Attorney’s Email Address

Licensee Information (Payer) Name (as shown on contracts, invoices, etc.) ROC License Number(s) SunUp America LLC ROC 333266 Street Address City State Zip Code 3321 E Atlanta Ave. Phoenix Arizona 85040 Phone Number Email Address

Name of Person(s) Representing License Stephan Roblez Complaint Information Principal Amount Due (excluding interest and fees) Contract Date (if applicable) $13,099.60 August 11, 2023 Have you filed a civil complaint? No List all specific invoices which have not been paid. Attach additional pages if necessary. Mitchell Duman $12241.20; Stan Elder $231.20; Arturo Ortiz $627.20

Certification I certify, upon information and belief, that the above-named licensee has failed to pay monies in excess of seven hundred fifty dollars when due for materials or services rendered in connection with the licensee’s operations as a contractor. I further certify, upon information and belief, that the above-named licensee has the capacity to pay, or has received sufficient monies as payment for the particular construction work project or operation for which the services or materials were rendered or purchased. A.R.S. § 32-1154(A)(10). Printed Name Signature Date Mike Robert Sands Declaration & Signature I am the Complainant in this Complaint Form or Complainant’s duly authorized representative. I declare under penalty of perjury that the information contained in this Form is true and correct to the best of my knowledge. I further certify that any documents submitted in support of this complaint are true and correct copies of the originals and are 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 Mike Robert Sands š›?@›?B<ÿBD@EÿF= œC)C'ÿ6ÿ0/86H)ÿ=)/4ÿžÿŸ6ÿF)>ÿŒ6&G4)/HCÿžÿ?A?BžABBAE

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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