2024A-05447-CHC-ROC Notice of Hearing & Packet MAILED 2024-05447.pdf

2024A-05447-CHC-ROC · Registrar of Contractors · 2024-07-23

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Nunez Mora , Case No. 2024-05447

COMPLAINANT, Docket No. 2024A-05447-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Luminous Builders LLC, DBA: Luminous Energy License Nos. ROC 335707, 336265, 346602 RESPONDENT.

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

HEARING INFORMATION The hearing is set for:

August 30, 2024 1:00 PM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on June 27, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

Charge: 3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

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 July 23, 2024.

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

Copy mailed via USPS First Class mail July 23, 2024 to:

Respondent(s) LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd . D-106 Goodyear, AZ 85395

Complainant(s) Matthew Nunez Mora 18216 W Yavapai St Goodyear, AZ 85338

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. 2024-05447 /

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: Matthew Nunez mora 18216 w Yavapai st Goodyear, AZ 85338

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 May 14, 2024

Re: Complaint No. 2024-05447

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, May 29, 2024 at 09:30 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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 Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Choose an item. Choose an item. Choose an item. Choose an item.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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: Matthew Nunez mora 18216 w Yavapai st Goodyear, AZ 85338

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: LUMINOUS BUILDERS LLC DBA: Luminous Energy 14415 W McDowell Rd Ste D-106 Goodyear, AZ 85395

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 June 7, 2024

License No. ROC 335707

Re:Complaint No. 2024-05447

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Monday, June 24, 2024.

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

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

Complaint Item: 1 - Landscaping not completed Investigator’s Observation: Verified. At the time of this Inspection, there was no work started in the Rear Yard. There were (2) rolls of artificial Turf onsite that were rolled up , and not installed. REF:(JSI PICS). Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable

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

Sincerely,

John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Choose an item. Choose an item. Choose an item. Choose an item.

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Complainant Attorney:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 (DELETE THIS ADDRESS/PAGE IF NOT WARRANTED)

Respondent Attorney:

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

Case No.: 2024-05447 Investigator: John Peru Inspection Date: Wednesday, May 29, 2024 Inspection Time: 09:30 AM

Jobsite Address: 18216 W Yavapai St Goodyear, AZ 85338

Complainant: Matthew Nunez Respondent: LUMINOUS mora BUILDERS LLC Not Present: Not Present:

Jobsite General Notes:

ITEMS NOT REQUIRING CORRECTION:

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

John Peru, Investigator #224 602 7716743 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Matthew Nunez Mora, Case No. 2024-05447 COMPLAINANT, v. Luminous Builders LLC, CITATION DBA: Luminous Energy , License Nos. ROC 335707, 336265, 346602 RESPONDENT.

The Registrar issues this Citation to Luminous Builders LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by July 12, 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 May 10, 2024, Matthew Nunez Mora (“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:

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Charge :1 A.R.S. § 32-1154(A)(1)

Abandonment of a contract or refusal to perform after submitting a bid on work

without legal excuse for the abandonment or refusal.

Charge :2 A.R.S. § 32-1154(A)(3)-R4-9-108(a)

Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A

contractor shall perform all work in a professional and workmanlike manner.

Charge :3 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158

Failure in any material respect to comply with this chapter; Namely A.R.S. §

32-1158.

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. 2024-05447.

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 12, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21

RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated June 27, 2024. By: /s/ Doug Ulmer Doug Ulmer Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, June 27, 2024 to: Respondent Certified Mail No: [number redacted] Luminous Builders LLC DBA: Luminous Energy 14415 W McDowell Rd Ste. D-106 Goodyear, AZ 85395 Copy mailed by USPS First Class mail this same date to:

Respondent Luminous Builders LLC DBA: Luminous Energy 14415 W McDowell Rd Ste. D-106 Goodyear, AZ 85395 Complainant Matthew Nunez Mora 18216 w Yavapai St Goodyear, AZ 85338 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

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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 Case No. 2024-05447/du

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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 Received 7/12/2024 ROC Legal

WRITTEN ANSWER TO CITATION AND COMPLAINT; REQUEST TO DISMISS

MATTHEW NUNEZ MORA COMPLAINANT

LUMINOUS BUILDERS LLC RESPONDENT

Re: CASE NO. 2024-05447

Dear Registrar of Contractors of the State of Arizona,

Respondent, Luminous Builders LLC, hereby issues its response to the Registrar for its Citation and Complaint and moreover hereby ascertains its firm denial on ALL allegation of the Citation and Complaint and affirmatively alleges as follows:

1. Respondent denies ALL the allegations set forth in Charge 1, Charge 2 AND Charge 3 of the Citation and Complaint, including that it violated the statutory provisions and rules contained in Charge 1, Charge 2 AND Charge 3, or committed ANY acts or omissions in violation of said statutes or rules. Respondent further denies ALL other allegations of the Citation and Complaint not expressly denied herein. 2. Respondent, as separate defenses, and affirmative allegations, alleges that on or about February 11, 2024, the Complainant, Mr. Matthew Nunez Mora, purchased a Photovoltaic Solar Energy System from Luminous Builders LLC and thereby entered into a contractual obligation with Luminous Builders LLC to have his PV Solar Energy System designed, permitted and installed at his residence located at 18216 W. Yavapai St., Goodyear, AZ 85338, to fully memorialize ALL facts and circumstances involved in the Complainant’s contractual agreement, Luminous Builders LLC supplied the Complainant a true written contract, titled Purchase Agreement, wherefore the Complainant, Mr. Matthew Nunez Mora, signed, dated and initialed ascertaining full understating therein on February 11, 2024. (Please refer to the Purchase Agreement for full and clear assertation of this information.) Nevertheless, as clearly noted in his contractual agreement, “The Purchase Agreement”, the Complainant’s, Mr. Matthew Nunez Mora’s contractual agreement with Luminous Builders LLC did NOT include any work nor services outside of the design, permitting and installation of his PV Solar Energy System. Specifically, as clearly evidence by the signed contractual agreement between the Complainant and the Respondent, The Purchase Agreement, there was NEVER ANY note nor promise or even remark of ANY Landscaping work to be done for Mr. Matthew Nunez Mora by Luminous Builders LLC. (Please refer to the Purchase Agreement for full and clear assertation of this information.) Precisely, as delineated in Received 7/12/2024 ROC Legal

Mr. Nunez-Mora's Contract, the purchase price for his 10 kW Solar Energy System was $74,763.30. Further, Mr. Nunez-Mora purchased his Solar Energy System by obtaining a Loan from Sunlight Financial. Mr. Nunez-Mora did NOT contract nor compensate Luminous for ANY other work outside his signed contractual agreement, The Purchase Contract, and/or his loan with Sunlight Financial. Principally, in full abidance and clear faith in the written contract with Mr. Matthew Nunez Mora, Luminous Builders designed, permitted, and installed Mr. Matthew Nunez-Mora's PV Solar Energy System in March 2024 and such PV Solar Energy System was fully inspected by both Arizona Public Service (APS) and the City of Goodyear in early March 2024 and subsequently fully commissioned, “Turned-On”. Even so, to further ascertain only the facts and true evidence surrounding this matter, in June 2024, Luminous Builders LLC reached out to Sunlight Financial, the financial institution, from whom Mr. Matthew Nunez- Mora sought his solar loan from, and obtained WRITTEN evidence confirming the Complainant, Mr. Matthew Nunez-Mora’s financial agreement did NOT entail any work nor services outside his PV Solar Energy System and Luminous Builders LLC had NOT been funded for ANY other work on behalf of Mr. Matthew Nunez Mora outside of his PV Solar Energy System as clearly noted in his contractual agreement, The Purchase Agreement. (Please refer to both written communications from Sunlight Financial Executive Personnel affirming this testimony.) 3. Respondent, as further separate and affirmative allegations, and defenses, alleges that Complainant’s filing of a Complaint with the Registrar of Contractors was completely unnecessary, especially after Respondent was “repeatedly” advised of the facts by both Luminous Builders LLC and Sunlight Financial, with and including copies of his signed and dated contractual agreements. 4. Respondent, as further separate affirmative defenses, alleges Complainant’s pursuit of this matter against Respondent is an abuse of process, and additional threats and harassment, all in keeping with his past conduct towards respondent. 5. Respondent alleges, as further and separate affirmative defenses; breach of contract, waiver, failure of consideration, estoppel, misrepresentation, set-off, release, comparative fault, unclean hands, breach of the implied covenant of good faith and fair dealing, repudiation, lack of due process and all other defenses, both legal and equitable, which may arise prior to or at the time of hearing. 6. Respondent firmly alleges that the Citation and Complaint on this matter fails to state a claim upon which relief may be granted and should therefore be dismissed. 7. Withal, having hereby fully answered the Citation and Complaint on this matter, having denied the allegations, having set forth factual and true pertinent facts surrounding the Respondent’s Affirmative Defense of misrepresentation and abuse of process, as defined, and illustrated in Arizona Revise Statute, without doubt, just cause exists to NOT discipline Respondent’s license and Respondent hereby respectfully requests that this Citation and Complaint be dismissed with prejudice.

Dated this 12th day of July 2024 Received 7/12/2024 ROC Legal

Very Respectfully yours,

Aldo Arroyo

Owner of Luminous Builders LLC Received 7/12/2024 7/12/24, 9:49 PM ROC Legal

RE: Luminous Builders LLC - Sunlight Financial O'Connor, Courtney <[email redacted]> Thu 6/20/2024 1:35 PM To:Fulcomer, Justin <[email redacted]>;Aldo Arroyo <[email redacted]> No information about landscaping is included in the loan agreement either.

With Gratitude, Courtney O’Connor Business Development Call/Text (EST): (980) 890-8738 Customer Support: (888) 850-3359 https://calendly.com/courtney-pauly www.sunlightfinancial.com

New to Sunlight Financial? Register Here For Weekly Solar Sales Training Follow us on social media!

This message and any files transmitted with it (collectively, this “message”) are for the named person’s use only. This message may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any transmission errors. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Sunlight Financial reserves the right to intercept and monitor all e-mail communications through its networks if legally allowed.

From: Fulcomer, Justin <[email redacted]> Sent: Thursday, June 20, 2024 4:34 PM To: [email redacted] Cc: O'Connor, Courtney <[email redacted]> Subject: RE: Luminous Builders LLC - Sunlight Financial

Hi Aldo,

Just following up to see if my prior email will be sufficient as support that Sunlight Financial does not see landscaping included anywhere in customer Matthew Nunez’ contracts.

Let us know if anything additional is needed!

Thank you,

https://outlook.office.com/mail/id/AAQkADlmOTg5NDU3LThkYmEtNDU1MC1hM2RlLWY0NzY1NmFjZGI2YwAQAINmageRBEY9tK%2Fa4nhLIeY%3D Page 1 of 2 Received 7/12/2024 7/12/24, 9:49 PM ROC Legal

Justin Fulcomer Relationship Manager Office: (888) 850-3359 Schedule time with me here. www.sunlightfinancial.com Follow us on social media!

From: Fulcomer, Justin <[email redacted]> Sent: Wednesday, June 12, 2024 2:22 PM To: [email redacted] Subject: Luminous Builders LLC - Sunlight Financial

Hi Aldo,

I am unable to provide a copy of Mr. Nunez’ loan agreement due to the Personal Identifiable Information included in the document.

However, please use this email as confirmation that the Sunlight Financial loan for customer Matthew Nunez - 18216 W YAVAPAI ST, GOODYEAR, AZ 85338 is solely for the installation of their solar system. No landscaping work of any kind is included as part of the contract.

Thank you,

Justin Fulcomer Relationship Manager Office: (888) 850-3359 Schedule time with me here. www.sunlightfinancial.com Follow us on social media!

https://outlook.office.com/mail/id/AAQkADlmOTg5NDU3LThkYmEtNDU1MC1hM2RlLWY0NzY1NmFjZGI2YwAQAINmageRBEY9tK%2Fa4nhLIeY%3D Page 2 of 2 DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal

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

ROC # 336265, 335707, 346602

PURCHASE AGREEMENT

Matthew Nunez-Mora Customer Name(s):

Phone Number(s): (323) 358-1203

Street Address: 18216 W Yavapai St

City, State, Zip: Goodyear AZ 85338

[email redacted] Email:

Utility: Arizona Public Service

74763.3 Purchase Price:

10.000 System Size (kW):

Module Quantity & 25 LR5-54HPB 400M Model IQ8PLUS-72-2-US Inverter Model(s):

Racking:

Additional Items or Custom Adder

Materials: Sunlight Financial Finance Company: DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal TERMS AND CONDITIONS 1. Work to be Performed: Luminous Energy shall provide the following services according to the terms in this agreement: ▪ Install the system and its components as described above, which includes design, supply and installation of solar photovoltaic panels, inverter(s), wiring, conduit, and racking; ▪ Obtain necessary permits from the local authorities having jurisdiction; ▪ Provide all equipment, labor, material, taxes, and install the entire system according to the terms of this Agreement; ▪ Coordinate building, electrical, and utility inspections; ▪ Test the system upon completion of the installation; schedule utility and city final inspection, turn system on and set up any monitoring capabilities; and ▪ Perform any additional items (if any) as noted in the additional items or materials section above. 2. Exclusions: Any deviation from the above specifications, including, but not limited to, any additional material and/or labor costs incurred by such deviation, are not part of the work to be performed. Any such deviation will only be executed if separately agreed to in writing or noted above. These deviations include, but are not limited to: ▪ Main service panel upgrades (MPU), sub-panels, or switchboards, if needed; ▪ Tree removal, non-standard groundwork (such as difficult soil conditions), trenching, or landscaping; ▪ Replacement or repair of existing roof or supporting roof structure; and ▪ Additional permitting requirements by authorities having jurisdiction, such as zoning, land use, environmental, and any other abnormal jurisdictional requirements 3. Timeline for Completion: While most projects install and receive permission to operate significantly sooner, the process of installing solar can be complex, time consuming and involves working with government agencies. We encourage all consumers to anticipate receiving permission to operate from the utility for their solar system within 180 days from time of contract signing. 4. Payment Schedule: If this is a Cash Purchase, the payments by the Customer shall be completed according to the “Payment Schedule for Cash Purchases”, included in this Agreement. If the System is a financed purchase, then customer shall make payments to the Finance Company according to the terms of the agreement with the Customer and the Finance Company. 5. State Obligations (ARS 44-1763): Luminous Energy has provided a copy of ARS 44-1763 contract requirements with regards to Financing, Sale or Lease Agreements for Distributed Energy Generation Systems. 6. Insurance: At all times during the actual installation, Luminous Energy shall keep in force a Commercial General Liability Insurance policy with limits of not less than One Million Dollars, to insure for injury to Contractor’s employees, and others, incurring loss or injury as a result of the acts of Luminous Energy, its employees and subcontractors. 7. Compliance with Applicable Codes and Laws: All work shall be performed in a workmanlike manner and in full compliance with all applicable building codes and other applicable laws. Luminous Energy shall at its own expense obtain and possess all necessary licenses, permits, and other things necessary and required for the proper performance of the work. 8. Use of Subcontractors: Luminous Energy may utilize subcontractors to perform portions of the work. If subcontractors are utilized, Luminous Energy shall fully pay for their services. 9. Taxes: Luminous Energy shall pay all taxes required by any taxing authority having jurisdiction over the project. 10. Delays: Luminous Energy shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Luminous Energy are best estimates and subject to change. Luminous Energy performance is based upon the prompt, complete, and accurate fulfillment of all of Customer's obligations including payment. 11. Ten-Year Limited Workmanship and Installation Warranty: This Ten-Year Limited Workmanship and Installation Warranty will extend for a period of ten (10) years from the date installation of the System is completed. Labor warranty is for two years for modules and inverters. Luminous Energy warrants that the System will be constructed and installed in a good workmanship manner according to the standards of care and diligence generally practiced by solar engineering, construction, and installation companies when installing residential photovoltaic solar power systems of a similar size and type as the System in the geographic region where your Property is located, and pursuant to: (i) Good engineering design practices (ii) M anufacturer’s instructions (iii) Applicable law (including local codes and standards) (iv) Required governmental approvals and permits (v) Applicable requirements of the local utility DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal 12. Ten-Year Limited Roofing Penetration Warranty: Luminous Energy warrants your roof against damage and water infiltration at each roofing penetration made by Luminous Energy in connection with the installation of the System and the surrounding area of each such penetration (collectively, the “Covered Roof Areas”). Luminous Energy will repair damage to your roof and repair or compensate you for actual physical damage to your property resulting from any water infiltration in the event of failure or defects in the Covered Roof Areas. 13. Warranty Exceptions: The Ten-Year Limited Roofing Penetration Warranty shall be void and voidable if work is performed by Customer, Customer's,contractors, or anyone other than Luminous Energy or Luminous Energy's hired subcontractors on the covered roof area during the ten-year warranty period. The Ten-Year Limited Roofing Penetration Warranty does not cover any: (i) Leaks that occur in areas of the Customer's roof not impacted by the Solar System; (ii) Pre-existing and/or underlying failures of the Customer's roof; (iii) Foreign objects acting on the Customer's roof (e.g. hail, golf balls, etc.); and (iv) Damage resulting from ordinary wear and tear, natural disasters, Force Majeure events, damage resulting from mold, fungus and other organic pathogens, shrinking/cracking of grout and caulking not used during install, fading of paints and finishes exposed to sunlight. *You acknowledge that installation of the Solar System may void any roofing warranty of the roof manufacturer or roof installer. Luminous Energy assumes no responsibility if our work voids your roofing warranty. 14. Warranty: Luminous Energy use top-tier equipment from major equipment manufacturers, which comes with standard warranties from the manufacturer, including a 25-year Manufacturer Warranty on the panels and inverters as well as any warranties in respect to equipment used to complete install. The equipment installed at the Customer’s home will include these manufacturers warranties. 15. Accessibility: Customer shall afford access of their residence to Luminous Energy or its designee(s) to perform a site audit on the premise and install the system. Customer agrees that Luminous Energy may take and use photos/videos of Customer’s property obtained before, during, or after installation for Company’s commercial purposes. Customer releases any rights to these photos/videos. 16. Payments: Luminous Energy assumes no responsibility or liability for payment(s) made by Customer to any of Luminous Energy sales reps or employees unless any such payment(s) is/are made by check payable to Luminous Energy. 17. Completion Certificate: Customer agrees that he/she will sign a Contractor’s Completion Certificate, as well as any other documents deemed necessary by any financial institution which provides financing to Customer in order to acquire the products. The Completion Certificate only represents that the system has been installed and is required before permission to operate from the customer’s utility has been received. 18. Warranty of Existing System: Customer understandsthere is no written or implied warranty on Customer’s existing Electrical System(s). 19. Estimated Savings: Actual production/reduction of usage and customer savings may vary based on size of the system, orientation, and rate plans. Utility rates and funding program levels are subject to change. Luminous Energy has no control over Utility rates and/or fees associated with the energy devices or Product’s sold, and therefore, makes no guarantee with respect to any cost savings from using the System. 20. Disclaimer: Luminous Energy disclaims any liability for direct or indirect damages resulting from improper use, modifications, alterations, repairs, misuse, abuse, vandalism, damage caused by the serving utility company, fire, storm, flood, or other acts of God. Luminous Energy shall not be liable for any direct, indirect or consequential damages, losses, costs or other expenses; however arising, in contract or in tort, including without limitation any economic losses of any kind, losses or damage to property or personal injury after completion of install. Luminous Energy is liable during install and during any service or work done by the company after install. Luminous Energy disclaims any responsibility for the system’s use orits operation for any intended purpose. 21. Liens and Waivers of Liens: Luminous Energy has the right to place a lien on your home only if the Work is performed according to the terms of this Agreement but is not paid for its work. To maintain this right, a “Preliminary Notice” may be provided by Luminous Energy. A Preliminary Notice is NOT a lien against Customer's property. Luminous Energy agrees to NOT file a lien against your property if Customer completes payment for a cash purchase, or if it receives funding from the Finance Company if the System is purchased with a loan from the Finance Company.

22. Change Orders: Luminous Energy and the Customer recognize that unforeseen conditions or factors may become known subsequent to the time that the contract is signed. Alternatively, the customer may desire a change that would add time and cost to the DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal work. If these, or other events, within or beyond the control of the parties, require adjustment to this contract, the parties shall make a good faith attempt to agree on all particulars including cost. 23. Dispute Resolution: Any controversy or claim arising out of, or relating to, this contract, or any breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its construction industry arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A copy of such rules can be examined at WWW.ADR.org. If the customer does not have internet access, or upon request, a copy of the rules will be provided to the customer. 24. Transfer of Title: Customers at any time shall have the right to transfer title of home with attached solar system; however, the buyer must qualify under rules of financing or lease. The homeowner must notify Luminous Energy within 15 days of closing to ensure transfer of warranty and maintenance. 25. Utility and Tax: Customer is aware that Utility rates, structures, and projected savings are subject to change. Also, any tax incentives may change or be terminated by executive, legislative or regulatory action.

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

All payments not received when due will be charged a 1.5% monthly service charge. Credit card payments are a valid and acceptable form of payment; however, payments made with credit cards are subject to additional merchant fees. DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal NOTICE TO BUYER

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

A.R.S. § 44-1762 Warranties Solar energy device warranties; installation standards; inspections

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to Section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least two years or shall include an energy production output guarantee provided pursuant to Section 44-1763, Subsection A, Paragraph 4. The remaining components of the solar energy device and their installation shall be warranted for a period of at least one year. B. Any person who manufactures, furnishes for installation or installs a solar energy device shall provide with the device a written statement of warranty, responsibilities assumed or disclaimed and performance data of the solar energy device and components of the solar energy device as prescribed by Section 44-1763 as part of the agreement for the financing, sale or lease of a solar energy device. The form of the statement required by this Subsection is subject to approval by the Registrar of Contractors. The statement shall specify the source of any performance data it contains. A copy of the statement shall be delivered to the Registrar of Contractors where it shall be kept on public file. C. A person who sells a solar energy device in this state shall furnish a certificate to the buyer that the solar energy device possesses the general license that is appropriate to the type of solar energy device that is installed. D. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license. 1. Meet any education and training standards that have been adopted by the registrar of contractors. 2. Pass an examination on the installation of the type of device to be installed, if the registrar of contractors has adopted such an examination. E. Solar energy devices that are designed or installed by the final owner are exempt from the requirements of Subsections A through E of this section. F. The installation of a solar energy device shall meet the requirements of: 1. All applicable fire, safety and building codes. 2. Consumer protection standards, including any freeze protection and temperature related damage standards. 3. All other applicable federal, state and local laws. G. Contractors who fail to meet safety, installation or other prescribed standards or the requirements of Section 44-1763 are subject to disciplinary action under Title 32, Chapter 10, Article 3.

A.R.S. § 44-1763 CONTRACT REQUIREMENTS Financing, Sale or Lease Agreements for Distributed Energy Generation Systems

An agreement governing the financing, sale or lease of a distributed energy generation System to any person or a political subdivision of this state must include:

A. No blank spaces affecting the timing, value or obligations of the agreement at the time of installation. B. At least ten-point type. C. The right to rescind the contract for a period of not less than three (3) business days after the contract is signed by the buyer or lessee and before the distributed energy generation system is installed. D. A description of the make and model of the System’s major components, or a guarantee of the energy production that the System will provide over the life of the Contract. DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal E. For purchases, a breakdown of the following (if applicable): 1. Total purchase price or cost of the lifetime of the Contract 2. Any interest, installation fee, doc prep fees, service fees or other costs to be paid F. For financed or leased Systems, a breakdown of the following (if applicable): 1. Total number of payments 2. Payment frequency 3. The amount of each payment 4. Payment due date G. The current and applicable tax incentives, rebates or other state or federal incentives, and any conditions or requirements needed to obtain these incentives. H. The current tax obligations, including the assessed value and property tax assessments, as applicable and calculated in the year the contract was signed, transaction privilege taxes, and any obligations for transfer tax credits or tax incentives. I. How warranty or maintenance information obligations may be sold to or transferred to a 3rd-party. J. A written warranty statement that includes responsibilities assumed or disclaimed and performance data of the System and components. K. Any restrictions on the ability to modify or transfer ownership of the System, including whether any modification or transfer is subject to review or approval by a third party, and such third party’s full contact information L. Any third-party review requirements in the event of a modification or transfer of ownership of the real property to which the System is or will be affixed, including such third-party’s full contact information. M. A summary of the total financing, operating, maintenance and construction costs of the System. N. The contact information of the entity that may assume the obligation of maintenance, or warranty, should it be transferred. If the agreement contains an estimate of the buyer's or lessee's future utility charges based on projected utility rates after the installation, it must also provide an estimate of utility charges during the same period with at least a plus or minus 5% range from current utility costs. O. A statement that utility rates, structures, and projected savings are subject to change. Also, that any tax incentives may change or be terminated by executive, legislative or regulatory action. DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal I HAVE READ AND UNDERSTAND THE ABOVE All agreements regarding performance of the work are stated herein. This Contract entered into as of the date indicated below is by and between Luminous Energy and the undersigned Homeowner(s) hereinto referred to as “Customer”.

_______________________________ 2/11/2024 ________________ Customer(s) Signature Date

_______________________________ 2/11/2024 _______________ Luminous Energy Representative Signature Date DocuSign Envelope ID: 0BA731D7-C4CA-43BD-8CBC-8D49CDBED6AC Received 7/12/2024 ROC Legal

CANCELLATION PROVISION

_________ Date of Transaction: 2/11/2024

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

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

To cancel this transaction, you MUST mail or deliver a signed and dated Cancellation Notice to Luminous Energy, at 14415 W. McDowell Road, Suite D-106, Goodyear, AZ 85395, NO LATER THAN 05:00 PM OF THE THIRD BUSINESS DAY.

By signing and dating below you hereby acknowledge and agree to this Cancellation Provision without exception.

Customer Signature: ____________________

Date: 2/11/2024 ___________ Received 7/15/24, 8:31 AM State of Arizona Mail - Written Answer to Citation and Complaint; Request to Dismiss RE: ROC CASE7/12/2024 2024-05447 ROC Legal

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint; Request to Dismiss RE: ROC CASE 2024- 05447 message

Aldo Arroyo <[email redacted]> Fri, Jul 12, 2024 at 9:56 PM To: "[email redacted]" <[email redacted]>

Re: Written Answer to Citation and Complaint; Request to Dismiss ROC Case No. 2024-05447

Registrar:

Attached for filing and action thereon is Respondent's Written Answer to Citation and Complaint and Request to Dismiss in the above-referenced matter.

Very Respectfully yours,

Aldo Arroyo

Aldo Arroyo Owner/CEO

Luminous Builders LLC AZ ROC 335707, 336265

Phone 623-335-4423 Mobile 623-335-4447

Website Luminousbuilders.com

Email [email redacted]

Address AZ: 14415 W. McDowell Rd., Suite D-104, Goodyear, AZ 85395

attachments January 2024 Revised Luminous Energy Purchase Agreement.pdf 540K Emails from Sunlight Financial Re- Matthew Nunez Mora.pdf 99K Written Answer to Citation and Complaint Case No. 2024-05447.doc 32K

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