2024A-09042-CHC-ROC Notice of Hearing & Packet MAILED 2024-09042.pdf

2024A-09042-CHC-ROC · Registrar of Contractors · 2024-10-11

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tina Jones , Case No. 2024-09042

COMPLAINANT, Docket No. 2024A-09042-CHC-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:

December 2, 2024 1:00 PM Samuel Fox 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 September 18, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

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

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated October 11, 2024.

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

Copy mailed via USPS First Class mail October 11, 2024 to:

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

Respondent's Attorney Thomas E Littler, Esq. 341 W Secretariat Drive Tempe, AZ 85284 Complainant(s) Tina Jones 2001 Crestwood Dr. Sierra Vista, AZ 85635

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

Case No. 2024-09042 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● 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 If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? 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

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? 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 If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? 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: Tina Jones 2001 Crestwood Dr. Sierra Vista, AZ 85635

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: SunUp America LLC 625 S Smith Rd Ste 11 Tempe, AZ 85288

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 August 16, 2024

Re: Complaint No. 2024-09042

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Wednesday, November 13, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

Gregory Johndrow, Investigator #195 (520) 628-6896 [email redacted] 1700 W. Washington St., Ste. 105 Phoenix, Arizona 85007

Cc: File

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and 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 Complainant: Tina Jones 2001 Crestwood Dr Sierra Vista, AZ 85635

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: SunUp America LLC DBA: 625 S Smith Rd Ste 11 Tempe, AZ 85288

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 August 29, 2024

Re: Complaint No. 2024-09042

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, September 10, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

Sincerely,

Miles Crosby, Investigator #213 (928) 296-2480 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

A Guide to Jobsite Inspections

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

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complaint #2024-09042 P 1 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 2 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 3 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 4 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 5 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 6 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 7 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 8 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 9 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 10 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 11 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 12 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 13 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 14 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 15 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 16 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 17 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 18 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 19 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 20 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 21 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 22 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 23 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 24 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 25 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 26 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 27 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 28 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 29 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 30 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 31 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 32 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 33 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 34 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 35 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 36 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 37 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Complaint #2024-09042 P 38 JSI 9/10/2024 @ 9:00 AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-09042 Investigator: Miles Crosby Inspection Date: Tuesday, September 10, 2024 Inspection Time: 09:00 AM

Jobsite Address: 5531 S Lamplighter Dr Tucson, AZ 85746

Complainant: Tina Jones Respondent: SunUp America LLC Not Present: Not Present:

Jobsite General Notes:

JSI photos taken with my Google Pixel 3a work phone JSI audio recorded with my Olympus DM-720 JSI photos and audio have been placed into the Salesforce Case folder.

The Respondent is currently REVOKED and is unable to correct the issue. The Respondent sent a representative from their new company SunUp Arizona which currently has an Own Motion complaint by the ROC 2024-08113 and has been cited for A.R.S. § 32-1154(A)(20).

The Respondent did not follow the IRC R324.6 adopted code nor utilized competent professionals/employees who have the duty to advise the parties of the inability to install the product as intended. Instead, the Respondent proceeded with the install either ignoring the code or ignorant to it, in either regard, the solar panels do not allow access to the HVAC and are in violation.

Any contractual issues between the parties must be resolved in another venue.

Complaint Item: 1 - Contractor installed solar panels in violation of code. Cannot access air conditioner local control panel. Investigator’s Observation: The Solar Panels were not installed to the minimum distance required by IRC R324.6 for reasonable access to the HVAC unit. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. A.R.S. § 32-1154(A)(3) - R4-9-108(b) Building Codes

ITEMS NOT REQUIRING CORRECTION: N/A Complaint Item: - Investigator’s Observation: Governing Rule: Not Applicable

Miles Crosby, Investigator #213 (928) 296-2480 [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

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tina Jones, Case No. 2024-09042 COMPLAINANT, v. SunUp America LLC CITATION 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 October 3, 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 August 9, 2024, Tina Jones (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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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 :2 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity.

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. 2024-09042. 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.

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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 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 October 3, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE 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

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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 18, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 18, 2024 to:

Respondent Certified Mail No: [number redacted]

SunUp America LLC 625 S Smith Rd Ste. 11 Tempe, AZ 85288 Copy mailed by USPS First Class mail this same date to:

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

SunUp America LLC 3321 E Atlanta Ave Phoenix, AZ 85040 Complainant Tina Jones 2001 Crestwood Dr. Sierra Vista, AZ 85635 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. 2024-09042

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Tina A Jones Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2001 Crestwood Dr Sierra Vista Arizona 85635 Phone Number Email

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

Daniel Barker Street Address of Attorney City State Zip

2921 E. Fort Lowell Rd., Ste. 201 Tucson Arizona 85716 Phone Number of Attorney Email of Attorney

[number redacted] [email redacted] Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

SunUp America LLC ROC 333266 Street Address City State Zip

625 S. Smith Rd., Suite 11 Tempe AZ 85288 Phone Number Email

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

Same as above Contract/Project Information Contract Date Contract Amount Amount Paid

August 30, 2023 $44,000.00 $0.00 Date Work Started Date Work Stopped Date Work Was Completed

September 1, 2023 March 5, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5531 S Lamplighter Dr Tucson AZ 85746 Name of Construction Site Owner Construction Site Name (if applicable)

Tina Jones Phone Number of Construction Site Owner Email of Construction Site Owner

[number redacted] [email redacted] This complaint is for Poor Work I have contacted the contractor by Have you filed a complaint in court? No

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

Has any work been corrected? No

The contract was Written All change orders were N/A This project was Residential This project involved Other Photovoltaic system A building permit was obtained by Contractor TC-RES-0923-07980 Tucson/Pima List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Allegations Listed on Complaint:

Contractor installed solar panels in violation of code. Cannot access air conditioner local control panel.

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date

Tina A Jones \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Choice Air Conditioning and Heating Phone: (520) 4982432 120 S. Houghton Rd [email redacted] Suite 138288 choicehvactucson.com Tucson, AZ 85748

Bill to Job Site Address Debbie Dean Debbie Dean 5531 S Lamplighter Dr 5531 S Lamplighter Dr Tucson, Az 85746 Tucson, Az 85746

Invoice #: i18942 Completion Date: 8/9/2024 Invoice Due Date: 9/7/2024 Terms: Net 30

Item Description Quantity Price Amount DiagnosisReg Diagnosis 1 $0.00 $0.00

Dispatch Fee Dispatch Fee 1 $40.00 $40.00 Labor Labor 1 $90.00 $90.00

Work Summary Upon arrival we could not access the unit due to the recently installed solar panels that are directly in front of the control and access panels for service and repair. These access panels are on the south and east side of the unit. The panels are only 7" away from the unit on the east (downhill side) that is the most critical side to access for service and repair. The north side is 13" from the unit.

*Code requires 30" of clear access to any access panels for the unit as stipulated in the 2018 mechanical code book per section: "306.1 Access Appliances, controls devices, heat exchangers and HVAC system components that utilize energy shall be accessible for inspection, service, repair and replacement without disabling the function of a fireresistancerated assembly or removing permanent construction, other appliances, venting systems or any other piping or ducts not connected to the appliance being inspected, serviced, repaired or replaced. A level working space not less than 30 inches deep and 30 inches wide (762 mm by 762 mm) shall be provided in front of the control side to service an appliance."

*Also, for this particular house there should be an elevated platform in front of the unit to provide a flat workspace per 2018 code book section: "306.5.1 Sloped Roofs Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of three units vertical in 12 units horizontal (25percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a level platform shall be provided on each side of the appliance or equipment to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. Access shall not require walking on roofs having a slope greater than four units vertical in 12 units horizontal (33percent slope). Where access involves obstructions greater than 30 inches (762 mm) in height, such obstructions shall be provided with ladders installed in accordance with Section 306.5 or stairways installed in accordance with the requirements specified in the International Building Code in the path of travel to and from appliances, fans or equipment requiring service."

So with the installation of the solar panels in there current location we can not access or service the installed mechanical package unit on the roof. Further more we would not be able to bring the unit up to minimum code with the panels in the current location. The installation of the solar panels has created a dangerous situation for any service, repair, or replacement work to be performed on the roof top mechanical equipment.

Total: $130.00

Page 1 of 3 Payments: $0.00

Balance Due: $130.00 diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. Access shall not require walking on roofs having a slope greater than four units vertical in 12 units horizontal (33percent slope). Where access involves obstructions greater than 30 inches (762 mm) in height, such obstructions shall be provided with ladders installed in accordance with Section 306.5 or stairways installed inChoice accordance with the requirements Air Conditioning and Heatingspecified in the International Phone: Building Code (520) 4982432 in the path of travel to and from appliances, fans or equipment requiring service." 120 S. Houghton Rd [email redacted] Suite 138288 choicehvactucson.com So with the installation of the solar panels in there current location Tucson, we can not access or service the installed mechanical package unit AZ 85748 on the roof. Further more we would not be able to bring the unit up to minimum code with the panels in the current location. The installation of the solar panels has created a dangerous situation for any service, repair, or replacement work to be performed on the roof top mechanical equipment.

Total: $130.00

Payments: $0.00

Balance Due: $130.00

Amount Auth # Date Method

Terms: Full payment is due upon completion of work unless prearranged and approved by the office. A 2% per month late charge will be charged to any account not paid within agreed terms. Return check fee: $25

After 6 months of nonpayment, account will be placed in collection, in that event customer agrees to pay all costs of collection including reasonable attorney fees. Restocking fee: 5% will be charged upon cancellation.

Acceptance I accept the services performed are to my satisfaction.

ReceiptSignature 2

Limited warranty: All materials, parts and equipment are warrantied by the manufacturers or suppliers warranty only. All labor performed Choice Air Conditioning and Heating is warrantied for 30 days or as otherwise indicated in writing.

Year limited workmanship warranty in accordance with AZROC in respects to workmanship performed by Choice Air Conditioning and Heating. This warranty does not extend to items which have been subject to owner neglect, modification or abnormal use.

Defects in equipment properly installed are limited to the manufacturers warranty.

Attachments

[number redacted].jpg Limited warranty: All materials, parts and equipment are warrantied by the manufacturers or suppliers warranty only. All labor performed Choice Air Conditioning and Heating is warrantied for 30 days or as otherwise indicated in writing. Choice Air Conditioning and Heating Phone: (520) 4982432 Year limited workmanship warranty in accordance with 120 S. Houghton AZROC Rd to workmanship performed in respects [email redacted] by Choice Air Conditioning Suitehave and Heating. This warranty does not extend to items which 138288 choicehvactucson.com been subject to owner neglect, modification or abnormal use. Tucson, AZ 85748

Defects in equipment properly installed are limited to the manufacturers warranty.

Attachments

[number redacted].jpg

DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

EC: Juan Vallejo _________________________ 8/30/2023 Date of Buyer’s Signature _________________________

Debbie L Dean Tina Jones __________________________________________________________________________________ Homeowner(s)/Buyer(s) ________________________________________________________ 5531 Lamplighter Dr. _______________________ Tucson _________ AZ ___________ 85746 Property Address City State Zip Code _________________________________ (520)302-3463 ______________________________ 0(520) 302-3463 [email redacted] ___________________________________ Phone Number Phone Number Email Address

Description of Work Performed: Improvements/ Products / Services Breakdown of costs: Price PV PREP & INSTALLATION: photovoltaic (PV) system, project planning, Contract Price material & $ 44000 site inspection, engineering if required, system design, drawings, permit, labor (including sales tax) 8.800 utility application, and installation of a _____________ kW System which Initial down payment due at $ 11000/11000 will produce a minimum first-year output of ___________ 13821 kWh. signing of agreement (50%) Due at Delivery of Materials $ 17000 Class A Module-Standard (40% Tesla Inverter (Monitored by Tesla) Due at Activation (10%) $ 5000 Other_____ (Monitored by Inverter Manufacturer)

Battery (Qty.): Tesla PW+ _____ or Tesla PW2______ Other______

Additional Items ______________________________ $___________ ______________________________ $___________

Panel type: Tier 1 Amount Financed: $ Utility Company _________________ Tucson Electric Power

Payment Type: CASH Finance: cash X check Lender: Special Instructions 11,000 on 8/30/2023 11,000 at permitting 17,000 at installation UNLESS OTHERWISE 5,000 at Activation PROHIBITED BY LOCAL LAW, the following terms and conditions apply: SUNUP AMERICA, LLC (“SUA,” “SunUp,” or “Company”) IS NOT A LENDER but may assist/facilitate Buyer in obtaining financing. Approval and terms of financing are subject to third-party manufacturers' products warranties. Company agrees to pass along all existing product and manufacturers' warranties to the Buyer(s). OBLIGATION. In consideration of the rendering of services and/or the furnishing of materials, as above designated, we, the undersigned property owner(Buyer(s), jointly and severally, agree and promise to pay to Company the sum of ($____________) 44000 dollars, including all costs of collection, reasonable attorneys' fees and interest at the rate of 1.5% per month (18% annual percentage rate) on any unpaid balance of the amount owed or any other breach under this Agreement not cured within 10 days of written notice. ALL MONTHLY PAYMENTS UNDER THIS AGREEMENT ARE IN ADDITION TO YOUR UTILITY BILLS. APPROXIMATE START DATE. a. Work will be considered commenced when SUA begins preporation work for the Photovoltaic System. b. Installation will typically begin 2-12 weeks after this Agreement has been signed by Buyer and SUA. c. Work will be considered substantially commenced when materials arrive at the job site.

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

APPROXIMATE COMPLETION DATE. a. Work will typically be substantially complete within 4-18 weeks after this Agreement has been signed by Buyer and SUA, depending on: i. the scope of work; and ii. approvals from the applicable jurisdiction and utility. b. Work will be considered complete when Permission to Operate (“PTO”) has been granted by the utility to energize the system. NOTICE OF CANCELLATION may be sent to the company at the address below. ALL SAVINGS ARE ESTIMATES. All savings and production numbers are estimates. Several variables affect actual savings and energy production, such as: tilt of panels, orientation to the sun, shading, your individual pricing program with your utility provider, and your individual consumption habits, etc. COMPARABLE PRODUCT Company reserves right to install comparable products if the particular brands or models listed are not suitable or available for the property. LIMITATION OF LIABILITY. In no event shall Company's aggregate liability, if any, for damages or otherwise, arising out of or related to any product, installation of any product, any service or any repair work, exceed the purchase Price actually paid by Buyer for such product or service. Company shall not be liable for any incidental, consequential, or special damages or for economic loss or expense, or for loss of profits of Buyer(s) even if Company has been apprised of the possibility thereof. BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, including the gateway issue of arbitrability itself, shall be settled by arbitration administered by the American Arbitration Association in Phoenix, Arizona and any judgment on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to reimbursement of its reasonable, actual attorney fees and related costs and expenses. ENTIRE AGREEMENT/MERGER/INTEGRATION. This Agreement, the video sales presentation, worksheet and materials, the Contract Acknowledgments page, and all attachments hereto, constitute the entire understanding of the parties. All prior and contemporaneous agreements, representations, statements, negotiations, understandings, undertakings and oral assertions are superseded. This Agreement may be modified only in a written document signed by both parties. TERMS & CONDITIONS. We agree to and accept the General Terms, Conditions, Disclosures, and Contract Acknowledgments of this Agreement. We acknowledge receipt of a completed copy of the attached Notice to Buyers, Notice of Cancellation and other disclosures attached hereto and incorporated herein by reference.

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

I HAVE READ AND UNDERSTAND THE ABOVE. I HAVE THE AUTHORITY AND LEGAL CAPACITY TO SIGN AND ENTER INTO THIS AGREEMENT. 8/30/2023 __________________________________________ 8/30/2023 _______________________________________ X Signature X Signature 8/30/2023 __________________________________________ X SunUp America, LLC Representative

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

GENERAL TERMS, CONDITIONS, DISCLOSURES, AND CONTRACT ACKNOWLEDGEMENTS 1. Payment. The Company assumes no responsibility or liability for payments you make directly to any of its sales agents, subcontractors or employees unless said payment is made by check payable to SunUp America, LLC. 2. Company. Any reference made to “Company” throughout this Agreement includes SunUp America, LLC, its members, officers, representatives, assigns, employees, agents, installers, contractors, subcontractors, and affiliates where the context so requires.

3. Information, Privacy and Disclosure. By accepting this Agreement, Buyer agrees to provide all information, even if considered "personal information” within the meaning of the Privacy Act of 1974, that may be required to apply for any grant, rebate, credit, or other benefit. Buyer consents to Company's collecting, using, and disclosing your information as set out in this Agreement. 4. Surplus. All surplus material is the property of Company. 5. Perfecting Interest. Buyer agrees that he/she/they will sign a Contractor’s Completion Certificate, as well as any other documents deemed necessary by any financial institution which provides financing to Buyer in order to acquire the Products or show completion of installation. 6. Taxes. Prices stated in this Agreement do not include relevant taxes unless noted otherwise. This Agreement shall comply with applicable gross receipts and transaction privilege tax requirements. 7. Tax Credits and Depreciation Deductions. Buyer understands that tax credits are credits against Buyer's income tax liability. In the event Buyer does not have a tax liability, then tax credits or depreciation deductions will not be useful to Buyer. Company shall not be liable if Buyer does not receive depreciation deductions or federal or state tax credits for any reason. For additional questions, Buyer should consult its own tax advisor(s). 8. Ownership, Access and Authority to Install. Buyer warrants that it owns the Property and/or has the full authority to enter into this Agreement. The Buyer shall afford access to the Buyer's property to Sunup America or its designee(s) to install the Products. 9. Indemnification. Buyer shall indemnify and hold Company harmless from any damage or injury to Buyer, or any other person, or to any property occurring on the premises or in common areas, unless such damage is the result of the sole negligence or willful misconduct of Company. 10. Additional Fees. Additional costs will be charged if incurred at the request of the Buyer, due to any neglect or issues caused by the Buyer, or due to unpermitted structures or unforeseen third party demands outside of the Company's control. 11. Condition of Property; Permits. Buyer warrants that the Property is of such condition that the Products can be installed and there are no outstanding violations, permits, or related issues affecting the Property. Buyer also warrants there are no unpermitted structures or open permits on the property which would make the installation impracticable. Buyer shall take all reasonable measures to permit or remove all unpermitted structures and shall cooperate with Company in a timely manner, no later than 30 days from the date of notice to do so. Should Company decide to correct any permitting issues to finalize the Installation and permitting of the Products, Buyer shall pay Company all costs and fees associated with said correction. The company is not responsible for any damage to Buyer's premises, including roof, walls, piping, electrical panels, etc., due to prior existing poor condition. Buyer understands that there may be exposed conduit and other plumbing and electrical components involved in the installation of the system. Buyer agrees to remove or protect any personal property, inside or out, including trees, shrubs and flowers, and Company shall not be held responsible for damage to said items. Company is not liable for damage to Buyer's roof absent Company's negligent installation thereof. Buyer (and Property owner, if different) is/are to carry their own fire, hurricane, and other necessary insurance. 12. Limited Warranty. Company does not make any representations or warranties except for those set out in this Agreement and those warranties which cannot be excluded from this Agreement. Company shall provide limited warranties in compliance with the minimum standards of applicable law of those states in which it operates. Any warranty is for normal use and conditions only. Any warranty coverage for equipment and workmanship installed by Company will be void if any alterations or repairs are performed by any person(s) not expressly authorized in writing by Company. The warranty does not cover vandalism or damage caused by external forces such as weather or other acts of God; normal wear and tear or aging of material; any implied warranties, additional electric bills, water damage or any other consequential damages to the property, damage to the system or its efficiency due to adjustment, moving

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

or tampering with components by individuals other than those specified by Company. TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF COMPANY, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING AND SIGNED AND APPROVED BY COMPANY. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO ANYONE CAUSED BY A FAILURE OF ANY PART OF THE SYSTEM. 13. Manufacturers’ and Product Warranties. Company agrees to pass along to the Buyer(s) all existing product and manufacturers' warranties. 14. Workmanship. Company will perform all work in a workmanlike manner in accordance with all local building codes and regulations and warrants that work for two (2) years. Any work performed outside the scope of Company's licenses shall be performed by a duly licensed contractor holding the requisite license in the jurisdiction in which the work is being performed. Production from the photovoltaic solar system that is sold is warranted by the manufacturer for a period of twenty-five (25) years. The remaining components of the solar energy device and their installation shall be warranted for a period of at least ten (10) years. A written statement of warranty, responsibilities assumed or disclaimed, and performance data of the solar energy device and its components shall be furnished to the Buyer. The solar energy device complies with the requirements of federal, state and local law, including A.R.S. requirements for qualifying for the Arizona income tax solar credit. In addition, Company provides a separate 10-year warranty covering any roof leak related to or associated with the solar system's points of attachment to the roof. 15. Estimated Timing. Again, it is estimated that this project will typically be completed within 4-18 weeks after the contract has been signed by Buyer and SUA. We shall not be liable for any delay in delivery or failure to deliver resulting from any cause beyond our control. Such causes include, but shall not be limited to, vandalism, an act of God or of the public enemy, governmental prohibition, fire, flood, epidemic or pandemic, quarantine, strike, freight embargo, natural disaster, unusually severe weather or Company's inability to obtain necessary materials, labor or transportation. 16. Severability. If any provision or any part of a provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall be construed as if not containing the invalid or unenforceable provision or portion thereof, and the rights and obligations of each party shall be construed and enforced accordingly. 17. Disclosure Regarding Utility Rates. Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action. 18. Cancellations. Cancellations are accepted anytime during the 3-day right of rescission. If for any reason you choose to cancel your solar project after the 3-day right of rescission, you will be charged for the work performed on your project. Stage 1 is $1,395 at expiration of the right of rescission, Stage 2 is an additional $695 through Pre- inspection, Stage 3 is an additional $1,000 through Designs, Stage 4 is an additional $1,500 through permit submission, Stage 5 is an additional $2,500 when material arrives at our warehouse. Additionally, you will be charged the cost of any work that has been completed on your property to cover expenses, labor, materials, plus any applicable attorneys’ fees. 19. Demand, Acceleration and Collection. If the Buyer refuses to complete the purchase as agreed or defaults under any terms of the Agreement, the entire balance of the purchase price shall accelerate and become due and payable immediately. In any civil action, lawsuit or other proceeding arising out of or in connection with the Agreement, the Company or its assignees shall be entitled to recover all expenses incurred in connection therewith, whether as plaintiff/petitioner or defendant/respondent. Expenses shall include but not be limited to court costs, attorneys’ fees and costs of collection. Any sums awarded to the Company as damages, prejudgment interest, taxable court costs, attorneys’ fees or sanctions, if applicable, or other financial awards however denominated, shall bear post-judgment simple interest at the rate of eighteen percent (18%) per year. 20. Insurance. a. General Requirements. SUA shall carry workers’ compensation insurance and public liability insurance as required by law and regulation for the protection of SUA and Buyer during process of the Work.

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

b. Commercial General Liability Insurance (CGL). SUA carries commercial general liability insurance. You may contact Rockingham Insurance Company at 833.506.9238 to check insurance coverage of SUA. c. Worker’s Compensation Insurance. SUA carries worker’s compensation insurance for all employees. 21. Changes in the Work. a. SUA may delay acting on any written or oral direction, instruction, interpretation, or determination of Buyer which would constitute Extra Work and may assert the right to an amendment to this contract by written Change Order before proceeding. b. When signed by SUA and Buyer, each Change Order becomes a contract document. 22. Information about the Arizona Registrar of Contractors. At any time throughout this construction project, the Buyer may file a written complaint with the Registrar of Contractors for any alleged violations of ARS §32-1154, subsection A, within the applicable time as set forth in that section. The Registrar of Contractors may be contacted at: 1700 W. Washington St., Suite 105, Phoenix, AZ 85007-2812, phone (602) 542-1525, www.roc.az.gov.

Finance Summary

Lender Name _______________________ Interest Rate ________ Term ________ Loan Amount $_____________

Estimated Payments for the first __________ months “(Initial Time Period)” will be $___________

Estimated Payments for months ___________ will be $ __________, if you make a payment to the Lender equal to the amount of the federal solar tax credit within the Initial Time Period.

Estimated Payments for months __________ will be $____________, if you choose not to make a payment equal to the amount of the federal solar tax credit within the Initial Time Period.

Loan payments start: days after installation for Service Finance Buyers; days after installation for Dividend Buyers; days after installation for Sunlight Buyers; days after installation for Goodleap Buyers; and days after installation or 15 days after permission to operate is obtained, whichever is earlier, for Mosaic Buyers. days after date of contract for all Deed of Trust Construction Loans.

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

NOTICE TO BUYER

1. Do not sign this Agreement if any of the spaces intended for the agreed terms, to the extent of then-available information, are left blank. 2. You are entitled to a completely filled in copy of this Agreement, signed by both you and SUA, before any work may be started. 3. You may cancel this Agreement 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. 4. It shall not be legal for the Company to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Agreement. 5. No Agreement of the Buyer in a home solicitation sale shall be effective unless the following completed form, in duplicate and in the language used in the oral sales presentation which, if in English, would be in the form set forth in this subsection, is attached to the contract or receipt.

NOTICE OF CANCELLATION Buyer may cancel this Contract without any penalty or obligation within three (3) business days after signing by notifying Sunup America, LLC of such in writing. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the Company of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the Company at your property, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the Company regarding the return shipment of the goods at the Company’s expense and risk. If you do make the goods available to the Company and the Company does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Company, or if you agree to return the goods to the Company and fail to do so, then you remain liable for performance of all obligations under the contract. SunUp America, LLC may cancel this agreement if existing conditions at the site of the work prohibit the work or add additional costs to the work that the Buyer is unwilling to pay for under the change order provisions of this Agreement.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to: 3321 E. Atlanta Ave., Phoenix, AZ 85040 no later than DATE: __________________. 9/3/2023

Initial________Initial_______

We hereby cancel this transaction on DATE: _______________________ Signature: _______________________

Signature: _______________________

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

NOTICE TO BUYER

We hereby cancel this transaction on DATE: _______________________ Signature: _______________________

Signature: _______________________

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

TESLA BATTERY INSTALLATION PURCHASE RIDER

A Tesla battery IS_/ X IS NOT_ being installed in conjunction with and as part of a Sunup photovoltaic (PV) solar system installation.

If it IS, all terms, conditions, disclosures and contract acknowledgements remain as in the original solar contract, except for the Tesla battery power production output estimates noted below.

If it IS NOT, all terms, conditions, disclosures and contract acknowledgements remain as in the original solar contract, except for the following additional items:

• Any additional electrical work Buyer requests, such as a main panel upgrade ("MPU"), will be charged to Buyer at the Company's then-applicable service fee rates. • Company agrees to pass along all Tesla battery product warranties to Buyer • T he installation of the Tesla battery carries a separate 2-year workmanship warranty from Company; however, the Company is not responsible and accepts no liability for: o the underlying electrical system, including MPU, to which Tesla battery is attached; and o Tesla battery production, which Tesla indicates will be as follows:

With a reduction in Buyer's normal consumption by 28%, battery production output estimates are:

No. of batteries W/O solar production Avg. winter day Avg. summer day up to 3 hours 3-8 hours 8 hours- 7+ days up to 6 hours 6-17 hours 17 hours- 7+ days up to 8 hours 8 hours- 1 day 1 day- 7+ days up to 11 hours 11 hours- 1.5 days 1.5 days- 7+ days

I HAVE READ AND UNDERSTAND THE ABOVE. I HAVE THE AUTH ORITY AND LEGAL CAPACITY T O SIGN AND ENTER INT O THIS AGREEMENT.

Buyer signature Buyer signature

_/ __ Initial

Sun Up America LLC 3321 E. Atlanta Ave. Phoenix, AZ 85040 844-786-8729 ROC License Nos.: 333266, 325273 DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

Additional Products Included in Agreement Buyer Name Debbie L Dean Tina Jones

Address, City, State, Zip 5531 Lamplighter Dr., Tucson, AZ, 85746 Phone (520) 302-3463

8.800 Solar Size: _____________________KW Utility Company: __________________________ Tucson Electric Power

Item Description Quantity

Inverters (choose one) Tesla OR Enphase 1 Air Conditioner SEER Brand Type

Air Conditioner SEER Brand Type

Battery Tesla PW+ Tesla PW2 Other Size(s) Solar Document Processing Yes 1 Roofing Total Squares Type of roof to replace Roofing Notes:

Ground Mount Trenching Equipment Drop Total Estimated Trenching in Feet ________ MPU Upgrade (Only included if required for solar) Cell Card Needed? For monitoring use, please provide the following information:

Wi-Fi Login: _________________________________________ Special Notes: _________________________________ Wi Fi info will be given to Wi-Fi Password: _____________________________________ PM ______________________________________________ Needs pre inspection ______________________________________________ Utility Account Number: ______________________________ [number redacted] ______________________________________________ Utility Login: _______________________________________ ______________________________________________ Utility Password: ____________________________________ ______________________________________________ ______________________________________________ HOA: X Yes No HOA Name: ________________________________________ Midvale park HOA Number: ______________________________________ [number redacted]

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

Solar System Is Working

Just a reminder that your solar system was designed based on your average "Peak" monthly utility usage. It was designed on a 12-month overall view, so it is not possible to tell in one or two months what the system will produce. It must be given the full 12 months. We cannot stress enough that the system was based on your electricity usage before solar. So just because you have solar does not mean you have an endless supply of energy. Even during months when your system produces more than you consume, you will still have utility company taxes and fees. We want to take a few minutes of your time to make sure we are all on the same page and nothing is lost in translation. We want to make sure that you, the Buyer, understand that the tax credits are credits against your income tax liability. In the event that that you do not have an income tax liability this year, then the tax credits will not be available to you now, but they may be carried forward up to 20 years beyond the year of activation. Please consult with your tax professional. All savings illustrations shown in the presentation are for illustration purposes only. Although we do everything in our power to provide you with an accurate assessment of your savings potential, every home is unique, and savings will vary based on many factors. Also, please remember to let the system work the way it is designed. You will have some electric bills with usage. and some with credits throughout the next 12 months which all balances out as explained to you today.

Anyone on the Fulfillment team can assist you throughout the process. Please call (844) 786-8729 9am-4pm (MST) Monday through Friday.

__________________________________ __________________________________ Signature Signature

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

Contract Acknowledgements Page Buyer understands and acknowledges that: Initial ___ Initial ___ There is no written or implied warranty on Buyer's existing Electrical System(s) Initial ___ Initial ___ Savings vary: The Buyer is buying a solar system providing a minimum first-year production of ____________ 13821 kilowatt hours (kWh) of energy (with subsequent years’ production as per manufacturer’s specifications) from the Company. Your energy savings will vary based upon your lifestyle choices. Any savings are estimates and are based on your current household utility usage measured in kilowatt hours (kWh) and current utility costs. Systems built with true 12-month bills will provide the best results. If Buyer changes its energy consumption by adding appliances, another person in residence, changing your thermostat, utility billing rate, or any other item that consumes more power, the numbers provided in the proposal will not be accurate. Your utility bill may never be zero due to connection and other fees and taxes. Your solar system may not eliminate all of your consumption from the utility company. As long as the solar system is producing as much or more annual kW than this Agreement specifies, Company shall not be liable for any utility bills or other costs the Buyer incurs. Initial ___ Initial ___ Tax credits, rebates and depreciation deductions: Tax credits, rebates, and depreciation deductions available under federal and state laws apply against the Buyer's personal income tax liability. They have been estimated at time of purchase. If the Buyer has any questions relating to or pertaining to their ability to utilize such credits or deductions, they will seek the counsel of their own tax professional. The Company is not a tax professional and assumes no responsibility or liability for Buyer's inability to utilize the credits, rebates, and depreciation deductions. Depreciation can only be taken once the system is activated, not merely installed. Initial ___ Initial ___ Installation preceding electrical: Your total balance is due and payable upon the installation of the system unless installation occurs before any electrical work is completed, in which case 90% of the total balance is due and payable, with the remaining 10% balance being due and payable when the electrical work is “green tagged.” Commissioning of the system by the utility company takes additional time. Initial ___ Initial ___ Shading issues: All shading issues are your sole responsibility. The Buyer must maintain or remove all shading issues including trees. Failure to do so will impact system performance, rebates, and utility bills. Initial ___ Initial ___ Painting conduit: If you would like the conduit painted to match the color of your home, you must provide the paint and have it available for the installation crew on the date of installation. If it is not available on the day of installation, additional fees will be charged for a return visit. Initial ___ Initial ___ HVAC: If it installs an HVAC system for the Buyer, Company is not responsible for air flow, balancing, or duct work. Despite any indication in proposal documents to the contrary, the federal solar investment tax credits on clean energy property is not available on any air conditioning portion of the Contract Price and thus your payment might be slightly higher than the proposal estimate indicates.

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

Initial ___ Initial ___ Demand rate: If you have a demand rate plan, you are responsible to control your own demand. Sunup America, LLC has no liability for your demand rate or charges. Initial___ Initial___ Time-of-Use Plan: If you choose a TOU plan, your buyback rate may change depending on your utility provider and your choice of usage plan from it. Initial____Initial____ Offset seldom equals usage. Buyer’s utility bill reduction from solar will seldom offset all of the Buyer’s utility bill cost because utility companies generally charge more per kWh during the hours Buyer most uses electricity than the utility companies reimburse per kWh during the hours Buyer is selling electricity back to the grid. Initial____Initial____ Silence is Assent. If SunUp provides installation plans and drawings to Buyer for approval and does not hear back from the Buyer within 48 hours, Buyer will be deemed to have assented to plans/drawings and Company will be authorized to continue the installation process on that basis. Initial____Initial____ Refusal of Entry. Buyer is liable for a one thousand dollar ($1,000) “truck roll” charge if it turns SunUp’s work crew away or otherwise prevents SunUp from performing any previously scheduled and confirmed installation. Buyer is liable for a two hundred and fifty dollar ($250) truck roll charge if it turns SunUp’s work crew away or otherwise prevents SunUp from performing any previously scheduled and confirmed repair, maintenance or other customer service. Initial____Initial____ Additional default remedy. If Buyer has been in default under this Agreement for longer than thirty (30) days, Buyer grants SunUp the right to enter Buyer’s property without breaching the peace to turn off or disable the solar system until the default is cured. Initial____Initial____ Solar Tax Documents. Tax documents to help the Buyer claim tax credits and depreciation on its solar purchase will be emailed or otherwise provided to the Buyer by March 15 of the year following the date of purchase and/or the date of activation. Initial____Initial____ Agreement Interpretation. This Agreement shall not be interpreted against the party drafting it. Initial____Initial____ Company-financed Deals. In the event SunUp helps the Buyer to finance its purchase through execution of a promissory note and deed of trust, Buyer agrees that any conflicting terms of those documents shall take precedence over the terms in this Agreement. Initial____Initial____ Entire Agreement: This Agreement, the video sales presentation, worksheet and materials, the Contract Acknowledgments page, and all attachments hereto, constitute the entire understanding of the parties. All prior and contemporaneous agreements, representations, statements, negotiations, understandings, undertakings and oral assertions are superseded. This Agreement may be modified only in a written document signed by both parties.

____________________________ ___________________________________ Buyer Signature Buyer Signature

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com DocuSign Envelope ID: 56E578C5-8B47-497D-83C2-34D13A74A7BF

Welcome to SunUp America

Congratulations on your decision to go Solar! Shortly, you will receive a “Welcome Call.” The purpose of this call is to go over your customized solar package and review your energy savings products. During this call we will be scheduling a time to do a “technical site survey.”

Technical Site Survey An electronic site survey will be requested to verify roof, your service panel(s) and verify the specific layout of your property. This is an important part of the solar process. In addition to the electronic site survey, we will conduct an in- person survey to verify placement and accuracy of designs. The homeowner must be present for the scheduled survey.

Engineering Drawings The completed site survey will be sent over to a Design Technician for "Engineering." These engineered site plans will be sent to you for approval. Please keep in mind that these plans are designed to give you the optimal production of your new system. A site plan will be e-mailed to you for your acknowledgment.

Permit Approval Your approved site plans and engineering drawing will be sent with the appropriate applications to your Utility Company and Governmental Authority to obtain the required permits we need to install your solar system. We like to refer to this as the hurry up and wait time.

Installation Process The equipment package will be delivered before your install to your home. While we strive to plan for every possible contingency, issues may still arise the day of install. We will work diligently to solve all issues in a timely manner and keep the process as smooth as possible. (We will need access to your Wi-Fi to activate monitoring.)

Power-Up Process Once installed, the next and final step is "Power Up." This will occur once Utility and Final Jurisdictional Clearance has occurred. Depending on the utility company, this process could take up to 30 - 45 days after final inspection. As your representative, we push this process along as fast as we can. It is not uncommon for Site Inspectors to question the work or certain aspects of the job. Please do not be alarmed. Any issues will be corrected as soon as they are detected. Once again, depending on the jurisdiction, this process could take several weeks.

Your utility company will set your bi-directional meter and grant permission to operate.

Initials _____/_____ SunUp America, LLC 3321 E. Atlanta Ave., Phoenix, AZ 85040 (844) 786-8729 ROC 325273 and 333266 www.sunupamerica.com Certificate Of Completion Envelope Id: 56E578C58B47497D83C234D13A74A7BF Status: Completed Subject: Solar Closing Documents for Debbie L Dean Source Envelope: Document Pages: 13 Signatures: 9 Envelope Originator: Certificate Pages: 2 Initials: 64 Docs Team AutoNav: Enabled 3049 Executive Way EnvelopeId Stamping: Enabled Lehi, UT 84043 Time Zone: (UTC-07:00) Mountain Time (US & Canada) [email redacted] IP Address: 34.172.114.152

Record Tracking Status: Original Holder: Docs Team Location: DocuSign 8/30/2023 6:24:36 PM [email redacted] Status: Original Holder: Docs Team Location: DocuSign 8/30/2023 6:24:39 PM [email redacted]

Signer Events Signature Timestamp Juan Vallejo Sent: 8/30/2023 6:24:38 PM [email redacted] Viewed: 8/30/2023 6:30:03 PM Security Level: Email, Account Authentication Signed: 8/30/2023 6:36:06 PM (None) Signature Adoption: Pre-selected Style Using IP Address: 174.205.96.229 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

Tina Jones Sent: 8/30/2023 6:36:08 PM [email redacted] Viewed: 8/30/2023 6:51:54 PM Security Level: Email, Account Authentication Signed: 8/30/2023 6:55:44 PM (None) Signature Adoption: Pre-selected Style Using IP Address: 174.205.96.177 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

Debbie L Dean Sent: 8/30/2023 6:36:09 PM [email redacted] Viewed: 8/30/2023 6:38:10 PM Security Level: Email, Account Authentication Signed: 8/30/2023 6:56:07 PM (None) Signature Adoption: Drawn on Device Using IP Address: 172.56.80.63 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Docs Team Sent: 8/30/2023 6:24:39 PM [email redacted] Viewed: 8/30/2023 6:24:39 PM Security Level: Email, Account Authentication Signed: 8/30/2023 6:24:39 PM (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Shay Helie Sent: 8/30/2023 6:56:09 PM [email redacted] Viewed: 8/30/2023 7:01:08 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Susan Cardenas Sent: 8/30/2023 6:56:09 PM [email redacted] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/30/2023 6:24:39 PM Certified Delivered Security Checked 8/30/2023 6:38:10 PM Signing Complete Security Checked 8/30/2023 6:56:07 PM Completed Security Checked 8/30/2023 6:56:09 PM

Payment Events Status Timestamps Received 10/03/2024 ROC Legal

341 W Secretariat Drive Tempe, Arizona 85284 Telephone (480) 248-9010 Arizona Bar No. 006917 E-mail: [email redacted]

Attorney for Respondent SunUp America, LLC

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Tina Jones, Case No.: 2024-09042

Complainant, WRITTEN ANSWER TO CITATION AND COMPLAINT v.

SunUp America. LLC License No. ROC 333266 Respondent.

Respondent SunUp America, LLC, (“SunUp America”) by and through its attorney Thomas E. Littler of the law firm Littler PC hereby responds to the Registrar’s Citation in this matter and in support thereof asserts as follows: 1. SunUp America denies the allegation in Charge 1 of the Citation that it violated A.R.S. § 32-1154(A)(3) or Regulation R4-9-108(a) and affirmatively alleges that it performed the

work in a professional and workmanlike manner.

2. SunUp America denies the allegation in Charge 2 of the Citation that it violated

A.R.S. § 32-1154(A)(3) or Regulation R4-9-108(b) and affirmatively alleges that it performed the work in accordance with applicable building codes and with professional industry standards using such skills, prudence, and diligence in performing and completing such tasks undertaken that the completed work meets the standards of a similarly licensed contractor possession ordinary skill Thomas E Littler Esq. Attorney and Counselor 341 W Secretariat Dr Tempe AZ 85284 (480) 248-9010 Received 10/03/2024 ROC Legal

and capacity.

3. SunUp America affirmatively asserts that it has made arrangements with a licensed contractor to perform any reasonable and necessary corrective work in response to the Citation, whether because it violated applicable building codes or otherwise as a customer accommodation, but that the Complainant would not allow the contractor to perform the work even though it was being performed by a separate licensed contractor.

4. SunUp America affirmatively alleges that Complainant has breached their

contractual obligations with Respondent by causing a chargeback on their credit card for all amounts previously paid for this work and that Complainant has not paid anything on this contract or for this work excusing SunUp America from any further contractual duties relating to the work, 5. SunUp America affirmatively asserts that this matter is the subject of an arbitration proceeding now pending on the same or similar issues.

6. SunUp America affirmatively asserts that the license that is the subject of this

Citation has been previously revoked.

Respectfully Submitted this 3rd day of THOMAS E. LITTLER, ESQ . October, 2024 By: /s/ Thomas E. Littler Thomas E. Littler 341 W Secretariat Drive Tempe, Arizona 85284 Attorney for Respondent SunUp America, LLC

Certificate of Service Electronically filed this 3rd day of October, 2024 with the Registrar of Contractors via email at [email redacted] Tina Jones C/O Daniel Barker, Esq. [email redacted] /s/ Thomas E Littler Thomas E Littler Esq. Attorney and Counselor 2 341 W Secretariat Dr Tempe AZ 85284 (480) 248-9010 Received 10/3/24, 12:13 PM State of Arizona Mail - Case No. 2024-09042 10/03/2024 ROC Legal

Answers - AZROC <[email redacted]>

Case No. 2024-09042 message

Thomas LITTLER <[email redacted]> Thu, Oct 3, 2024 at 12:02 PM To: "[email redacted]" <[email redacted]>

Please see the Respondent's answer in the above referenced case.

Sincerely, Thomas E Littler Thomas E Littler Attorney and Counselor at Law Office Direct: 480-248-9010 Cell: 602-524-1595 [email redacted]

Answer to Jones Citation and Complaint-Final.pdf 710K

https://mail.google.com/mail/b/AEoRXRRFx2K1OrXhE0cxs4etFwr8hUFAhHYrkzaOeBwO4qf08_Q5/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