2024A-09080-CHC-ROC Notice of Hearing & Packet MAILED 2024-09080.pdf

2024A-09080-CHC-ROC · Registrar of Contractors · 2024-09-25

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Carrie Haney , Case No. 2024-09080

COMPLAINANT, Docket No. 2024A-09080-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Sunny Energy LLC License No. ROC 301018,

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

HEARING INFORMATION The hearing is set for:

November 8, 2024 9:00 AM Tammy Eigenheer Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

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

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

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

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

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

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

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

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

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

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

complaint and citation, which were served on the Respondent on September 11, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(1) Charge: 2 A.R.S. § 32-1154(A)(22)

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

be a party to the hearing.

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

argument to the administrative law judge.

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

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

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

1156(B).

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

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

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

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

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

HEARING PACKET

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

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

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

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

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

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

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

DISCLOSURE STATEMENT

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

CHANGING THE HEARING DATE

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

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

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

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

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

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

Complaints – Resolved/Settled/Withdrawn.”

Dated September 25, 2024.

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

Copy mailed via USPS First Class mail September 25, 2024 to:

Respondent(s) Sunny Energy LLC 2414 West 14th Street Suite B Tempe, AZ 85281

Respondent's Attorney Ryan J Talamante, Esq. 3030 North Third Street, Suite 790 Phoenix, AZ 85012 Complainant(s) Carrie Haney 5657 N 207th Ave Buckeye, AZ 85396

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. 2024-09080 /

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: Carrie Haney 5657 N 207th Ave Buckeye, AZ 85396

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: Sunny Energy LLC DBA: 2414 West 14th Street suite B Tempe, AZ 85281

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 12, 2024

Re: Complaint No. 2024-09080

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Tuesday, August 20, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

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

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

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

Sincerely,

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

Cc: File Respondent Complainant

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Case No.: 2024-09080 Investigator: James Carter Inspection Date: Tuesday, August 20, 2024 Inspection Time: 10:00 AM

Jobsite Address: 5657 N 207th Ave Buckeye, AZ 85396

Complainant: Carrie Haney Respondent: Sunny Energy LLC Not Present: Not Present:

Jobsite General Notes: JSI photos and audio taken with my agency issued Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file. Complainant was present at the JSI the Respondent was not.

Complaint Item: 1 - Solar Panels never got installed as scheduled on August 1st. Found out company filed chapter 11 Bankruptcy on July 26th. Investigator’s Observation: Verified. Investigator has confirmed there has been no work started. Respondent shall complete project per original contract agreement, properly executed change orders, verbal agreements, local building codes and manufacturers installation instructions. Governing Rule: Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. A.R.S. § 32-1154(A)(22)

ITEMS NOT REQUIRING CORRECTION:

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

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

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

Complaint #2024-09080 Inspection Date 08/20/2024 10:00 AM - Photo Page 1 Complaint #2024-09080 Inspection Date 08/20/2024 10:00 AM - Photo Page 2 Complaint #2024-09080 Inspection Date 08/20/2024 10:00 AM - Photo Page 3 Complaint #2024-09080 Inspection Date 08/20/2024 10:00 AM - Photo Page 4 Complainant: Carrie Haney 5657 N 207th Ave Buckeye, AZ 85396

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Sunny Energy LLC DBA: 2414 West 14th Street suite B Tempe, AZ 85281

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 20, 2024

License No. ROC 301018

Re:Complaint No. 2024-09080

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Tuesday, September 10, 2024.

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

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

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 A.R.S. § 32-1154(A)(22)

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

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

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

Sincerely,

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Carrie Haney Case No. 2024-09080 COMPLAINANT, v. Sunny Energy LLC CITATION License No. ROC 301018,

RESPONDENT.

The Registrar issues this Citation to Sunny Energy LLC (“Respondent”) under A.R.S.

§ 32-1155(A). If Respondent fails to answer this Citation by September 26, 2024, then under

A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or

acts charged in the underlying complaint, and the Registrar may then suspend or revoke

Respondent’s license(s).

THE WRITTEN COMPLAINT

On August 9, 2024, Carrie Haney (“Complainant”) filed a written complaint with the

Registrar. A copy of that Complaint is attached to this Citation.

A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT

The Registrar investigated this matter and finds cause to charge Respondent with

violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged

with violating:

Charge 1: A.R.S. § 32-1154(A)(1)

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

without legal excuse for the abandonment or refusal.

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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)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F).

FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-09080. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than September 26, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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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 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated September 11, 2024.

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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 By: /s/ Madelyn Hayes Madelyn Hayes Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 11, 2024 to:

Respondent Certified Mail No: [number redacted]

Sunny Energy LLC 2414 West 14th Street suite B Tempe, AZ 85281 Copy mailed by USPS First Class mail this same date to:

Sunny Energy LLC 2414 West 14th Street suite B Tempe, AZ 85281 Complainant Carrie Haney 5657 N 207th Ave Buckeye, AZ 85396 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 [email redacted] Complainant at email address on record with the Registrar

Case No. 2024-09080 /MTH

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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)

Carrie Haney Mailing Address (Enter jobsite in Contract/Project section) City State Zip

5657 N 207th Ave Buckeye Arizona 85396 Phone Number Email

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

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Sunny Energy LLC ROC 301018 Street Address City State Zip

2414 West 14th Street suite B Tempe AZ 85281 Phone Number Email

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

Chris Wood Contract/Project Information Contract Date Contract Amount Amount Paid

March 14, 2024 $31,086.00 $27,005.00 Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

5657 N 207th Ave Buckeye AZ 85396 Name of Construction Site Owner Construction Site Name (if applicable)

Carrie Haney Victory Phone Number of Construction Site Owner Email of Construction Site Owner

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

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

The contract was Written All change orders were N/A This project was Residential This project involved Other Installing Solar Panels A building permit was obtained by Contractor AA22PPKZ Buckeye List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Been trying to reach company only getting answering machine. Nobody has contacted us we just want our full money refunded, which is 27,005.00. Interest would be nice. But we have lined up another company since were running out of time to get credit with APS. Allegations Listed on Complaint:

Solar Panels never got installed as scheduled on August 1st. Found out company filed chapter 11 Bankruptcy on July 26th.

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

Carrie Haney \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

Criminals are targeting social media and email to steal information. This is particularly common with large transactions, such as solar and real estate. Because online payment, or wire instructions are often sent by electronic means such as email, and sensitive data, including bank account numbers, credit card numbers and your personal identifying information are used online to make payments, we feel it is necessary to warn you of the problem. We do not want you to be the next victim of credit card, bank check, wire or other financial fraud. Money wired to a fraudulent account is stolen money that typically cannot be recovered. E-Check and credit card payments may also be very difficult to recover. Additionally, there is generally no insurance for this loss. You may never get the money back.

PROTECT DO NOT TRUST ANY EMAIL(S) CONTAINING WIRE INSTRUCTIONS If you receive an email containing wire transfer instructions, immediately call the Sunny Energy

YOURSELF accounting or customer services departments, or your sales representative to ensure the validity of the instructions. ONLY USE THE KNOWN PHONE NUMBERS FOR YOUR REP AND SUNNY ENERGY. The main phone number for Sunny Energy is 480-257-3283.

DO NOT TRUST EMAILS SEEKING PERSONAL/FINANCIAL INFORMATION If you receive an email requesting personal/financial information or asking you to download, click on a link, send, and/or do anything that may seem unusual to you, call Sunny Energy prior to acting on the suspicious email to verify the validity of the email.

TRUST YOUR SOURCE OF INFORMATION Never direct, accept or allow anyone in the transaction to consent to receiving transfer instructions without a direct personal telephone call to the individual allegedly providing the instructions. t is imperative that this call be made to the main phone number at Sunny Energy – 480- 257-3283, not to a number provided in the email or the wiring instructions, since it may be fraudulent.

VERIFY Before you wire funds to any party personally meet them or call Sunny Energy at 480-257- 3283 (not the telephone number in the email since it may be fraudulent) to confirm before

AND you act!

NOTIFY Immediately notify your banking institution, insurance company and Sunny Energy if you are a victim of wire fraud.

ONLINE RESOURCES: There are many online sources that can provide useful information regarding similar topics including, but not limited to, the following sites:

The Federal Bureau of Investigation @ www.fbi.gov/scams-and-safety The Internet Crime Complaint Center @ www.ic3.gov The National White Collar Crime Center @ https://www.nw3c.org/services/research/cyber-crime-links On Guard Online @ www.onguardonline.gov ConsumerFinancial Protection Bureau (CFPB) @ How can I protect myself and others I care about from fraud and scams? | Consumer Financial Protection Bureau (consumerfinance.gov)

I have read and understand these warnings.

Richard Haney

2414 W 14th St, Ste B, Tempe, AZ 85281 | 480.257.3283 | AZ ROC # 301018 | www.sunnyenergysolar.com Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

SERVICE AGREEMENT

Date: 14 Mar 2024

"Buyer" Contractor:

Name: Richard Haney Address: 5657 N 207th Ave, Buckeye, AZ, 85396 Sunny Energy LLC ("Sunny Energy") Phone: +1 360-509-5563 AZROC# 301018 Email: [email redacted] 2414 W 14th St, Ste B Tempe, AZ, 85281 Utility Company: Arizona Public Service Co 480.257.3283 Tempe, AZ Account #: www.sunnyenergy.solar Annual kWh Usage: 17,800 Sales Group: Michael Sommer Sales Person: Michael Sommer

System Size: 14.235 kW DC Total Contract Price: $32,506 Down Payment: $0 Balance Due: $32,506

SPECIFICATIONS Products Installed (the “Products”) Estimated Completion Date: 07/12/2024 Panel Description: REC 365TP4 Black Panel Quantity: 39 Inverter: Tigo Inverter with Optimizers (all) Addendums: optimizers (all) Includes: Critter Guard 10.0 to 15.0kW, Tigo Inverter 25 Year Extended Warranty 12 to 18 kW, Tigo Consumption Monitoring Meter Referred by:

# of Stories: Roof Type:

Notes: $2,000 discount included for marketing - drone footage & yard sign Home is under construction and will be finished in May

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

DISCLOSURES

While it remains necessary to read this entire Service Agreement (the “Agreement”), the following are a few important points to be aware of:

ENTIRE AGREEMENT AND MODIFICATION This Agreement supersedes all prior agreements, promises and understandings, whether written or oral, between the parties and constitutes a complete and exclusive statement of the terms of the agreement between the parties. This Agreement may not be amended, supplemented or otherwise modified, except in writing executed by both parties (a “Modification”). IF YOU FEEL THIS AGREEMENT DOES NOT INCLUDE EVERYTHING YOU ARE EXPECTING FROM YOUR PURCHASE, PLEASE DO NOT SIGN THE AGREEMENT AND ASK FOR CLARIFICATION OR CORRECTION BEFORE YOU DO. Accepted by (Initials)

CREDITS AND REBATES Tax credits are not rebates or grants. They are a credit against taxes paid or owed. We may have showed you an estimated amount of Federal and State tax credits, but that is the maximum amount you may qualify for, depending on your personal tax situation. We strongly urge you to discuss whether and when you qualify for any tax credits and the amount of such tax credits, with your personal tax professional or qualified financial advisor. Tax incentives are subject to change or termination by executive, legislative or regulatory action. Sunny Energy, and your finance company if applicable, make no representation, warranty or guaranty as to the availability or amount of such tax credits. Accepted by (Initials)

DISCLOSURE REGARDING YOUR UTLITY COMPANY Buyer understands that Sunny Energy and its representatives are not employees or representatives of Buyer’s utility company. Accepted by (Initials)

POTENTIAL TAX OBLIGATIONS The Buyer may by subject to the following tax obligations as a result of buying or financing the distributed energy generation system: (1) property tax assessments and the assessed value associated with the distributed energy generation system; (2) transaction privilege taxes that may be assessed against the person buying the distributed energy generation system; and (3) transfer tax credits or tax incentives of the distributed energy generation system to any other person. Accepted by (Initials)

DISCLOSURE REGARDING ESTIMATED PRODUCTION and UTILITY SAVINGS Except as stated in the Sunny Energy Performance Guaranty, there are no guaranties of utility energy usage and savings. Annual kWh production is an estimate generated using industry standard models that take into account typical weather over the past thirty (30) years. Utility rates and rate structures are subject to change and cannot be accurately predicted. Projected savings from Buyer’s distributed energy generation system are therefore subject to change. Sunny Energy tries to customize the system design to achieve the best results for the Buyer, but kWh production and utility savings are driven by factors beyond Sunny Energy’s control. Accepted by (Initials)

TREE TRIMMING AND REQUIRED ELECTRICAL OR ROOFING WORK Some properties will require tree trimming and/or electrical or roofing upgrades prior to installing a solar system. Sunny Energy will attempt to identify additional work that may be required prior to the execution of this Agreement. Buyer agrees to facilitate the additional work, provided there is no increase in cost to the Buyer. If it is discovered that the property will require work that was not included in the initial Agreement, Sunny Energy will provide a written quote for the additional work. Upon receiving the quote for additional work, Buyer will have five (5) business days to accept the quote and roll the cost into a revised agreement or cancel this Agreement without penalty. Accepted by (Initials)

CONTRACTOR WORKMANSHIP WARRANTY Sunny Energy warranties the workmanship of the installation for ten (10) years from the date of installation. This workmanship warranty is in addition to the manufacturer warranties that are included on all major components. Having another contractor perform work on the system will void Sunny Energy’s warranty. Sunny Energy warranties roof penetrations for leaks within six (6) inches of any roof penetration made for the installation as part of the workmanship warranty. Buyer agrees that before contacting Sunny Energy with a claim resulting from a roof leak, Buyer will get an opinion from a professional roofing contractor that the roof leak was as a result of the penetrations performed by Sunny Energy during solar installation. Accepted by (Initials)

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

DAMAGE TO SOLAR SYSTEM NOT COVERED BY WARRANTY Damage to any part of the solar system caused by improper use, negligence, intentional damage, vandalism, flying or falling objects, including, but not limited to golf balls, shall not be covered by equipment or workmanship warranties. If this installation is located near a golf course, Buyer understands that damage from golf balls may be likely to happen, and the damage and resulting loss of energy production shall be the responsibility of Buyer. Accepted by (Initials)

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

AGREEMENT

1. THE CONTRACT DOCUMENTS 1.1. The Contract Documents may consist of some or all of the following: this Agreement, conditions of the Agreement (General, Supplementary and other Conditions), Drawings and Specifications, Addenda issued prior to execution of this Agreement, other documents listed within this Agreement and Modifications issued after execution of this Agreement (collectively, the “Contract Documents”). 1.2. Sunny Energy shall fully execute the Work described in Section 2 of this Agreement. A change in terms to this Agreement shall become valid only by means of a Modification signed by both the Buyer and Sunny Energy. Final decision regarding acceptance and approval of a change order is at the sole discretion of Sunny Energy. If accepted, this may cause an increase in project cost and an extension of the construction schedule. 1.3. In the event that the modules and/or inverter specified above are not available at the time of install, Sunny Energy may substitute equipment of comparable quality provided it is the same or higher power class. 1.4. Sunny Energy is the counterparty to this Agreement. Sunny Energy may use subcontractors to perform site assessments, permit drawings and installation services.

2. THE WORK 2.1 Sunny Energy shall provide the following services, which together shall constitute “the Work” as referenced throughout the Contract Documents: (1) Sunny Energy shall provide all Products as described in the Specifications above, or substitute equipment of comparable quality pursuant to Section 1.3 of this Agreement; (2) Sunny Energy shall install the Products; and (3) Sunny Energy shall perform all potential obligations under its Workmanship Warranty for a period of ten (10) years pursuant to Section 11 of this Agreement.

3. DATE OF COMMENCEMENT AND COMPLETION 3.1. Sunny Energy agrees to diligently pursue the Work through to completion, but shall not be responsible for delays for any of the following reasons: failure of issuance of building permits for any length of time, funding of loans, acts of negligence or omission by Buyer, Acts of God, stormy or inclement weather, lockouts, boycotts, additional work requested by Buyer, additional work deemed necessary by Sunny Energy, inability to secure materials through regular channels, delays caused by inspection or changes ordered by the inspectors, acts of independent contractors, holidays, or other causes beyond Sunny Energy’s control.

4. CONTRACT SUM 4.1. The Total Contract Price posted above is the total price and shall include cost of permits and other financing fees, but it does not include sales or transaction privilege taxes. Should this Agreement be financed, this Agreement is binding based upon approval of credit. 4.2. Sunny Energy may assist Buyer to obtain financing of the Products with a third party lender, however, Buyer acknowledges that Sunny Energy does not provide the actual financing for the Products; and the approval of any financing, as well as the terms of any financing, for the Products are subject to the approval of any such independent third party lender, which lender is unrelated to Sunny Energy, which is not an agent of any such lender; but simply facilitates the approval of any financing for Buyer.

5. PAYMENT TERMS

5.1. If Buyer elects to pay cash or secure its own financing, the Buyer shall make payments to Sunny Energy in conformance with the following terms:

1. Due on Contract Execution: $1,000. 2. Due on At Least 10 Days Prior to Installation: $26,004. 3. Due on Passed AHJ (City/County) Inspection: $5,501. Accepted by (Initials)

6. ENUMERATIONS OF CONTRACT DOCUMENTS 6.1. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. 6.2. The Contract Documents, except for Modifications issued after execution of the same, to include other documents listed in this section. 6.3. Drawings are enumerated as follows: All required electrical drawings, which shall be included as part of this Agreement after permit(s) issued. Any change orders or addendum are to be agreed upon, in writing by Buyer and Sunny Energy (collectively, the “Drawings”).

7. BUYER OBLIGATIONS AND ACKNOWLEDGMENTS: 7.1. Buyer hereby grants to Sunny Energy and its lenders, employees, agents, contractors and subcontractors a non-exclusive easement to enter upon and use that portion of Buyer’s property for the purposes of completing their duties required by this Agreement. 7.2. Buyer agrees to sign utility interconnect and assignment agreements as part of this Agreement.

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

7.3. Buyer agrees to cooperate and participate in Sunny Energy’s efforts to obtain the permits and approvals necessary for the Work. 7.4. Buyer shall only have the system repaired pursuant to the Workmanship Warranty and reasonably cooperate when repairs are being made. 7.5. Buyer shall keep trees, bushes and hedges trimmed so that the system receives as much sunlight as it did when Sunny Energy installed the system. 7.6. Buyer acknowledges that installing a roof mounted solar system involves moving several thousand pounds of equipment onto Buyer’s roof and that Sunny Energy is not responsible for replacing broken roof tiles. Broken roof tiles will be repaired to the best of our ability using a roofing grade sealant. If the Buyer requests that broken tiles are to be replaced, it is the Buyer’s responsibility to make sure the replacement tiles are present on the day of the install. 7.7. Buyer shall keep the panels clean, pursuant to the workmanship warranty and any instructions provided by Sunny Energy to Buyer. 7.8. Buyer shall not modify its home in a way that shades the system; if Buyer so decides to modify its home, the estimated annual production may significantly vary. 7.9. Buyer shall be responsible for any conditions at its Home that affect the installation (e.g. blocking access to the roof or removing a tree that is in the way). 7.10. Buyer shall not remove any markings or identification tags on the System. 7.11. Buyer shall use the system primarily for personal, family or household purposes; but not to heat a swimming pool. 7.12. Buyer shall not do anything, permit or allow to exist any condition or circumstance that would cause the system not to operate as intended at the property. 7.13. Buyer shall notify Sunny Energy if Buyer thinks the system is damaged or appears unsafe. 7.14. Buyer shall cause any person who has an ownership interest in the property to sign this Agreement. 7.15. Buyer shall return any documents sent by Sunny Energy to Buyer for signature within seven (7) days of receipt. 7.16. If monitoring is installed requiring an internet connection, Buyer must maintain and make available, at Buyer’s cost, a functioning indoor internet connection with one available wired Ethernet port and standard AC power outlet. 7.17. Buyer shall be responsible for existing conditions. Electrical system configurations vary widely and some may require further work or impose constraints on the possible solar configurations. Additionally, the roof may require inspection or be an unsuitable platform for the solar array as proposed. It is the goal of the installer to recognize any obstacles before the proposal is prepared and inform the Buyer. Sunny Energy is not responsible for pre-existing electrical or structural conditions and is not liable to correct any existing defect which is recognized during the course of the Work. 7.18. Buyer may consult with its tax attorney and accountant regarding financial incentives mentioned in this Agreement. Such financial incentives may, or may not, be beneficial to the Buyer. However, the rebates, incentives and tax laws continue to evolve and change. Sunny Energy does not guarantee that Buyer will be eligible to claim all incentives and credits available. 7.19. Buyer acknowledges that Sunny Energy is not providing estimated energy bill reduction as part of this Agreement. 7.20. Buyer acknowledges that barriers such as deficient building trusses, irremovable shading trees, city permitting, etc. may arise. If such barriers arise, Buyer shall make every effort to preclude any reduction in solar system output. It may be possible to minimize any barriers by utilizing other roof areas, or installing pole or ground-mounted arrays. Please note that solar system performance is also dependent upon local, annual weather patterns. 7.21. Buyer acknowledges that Seller does not presume Buyer’s eligibility for any current tax incentives and rebates or other state or federal incentives when calculating the Total Contract Price; and therefore this Agreement, pursuant to ARS 44-1763, does not identity such current tax incentives and rebates or other state or federal incentives for which the Buyer may be eligible and any conditions or requirements pursuant to the Agreement to obtain these tax incentives, rebates or other incentives. 7.22. Buyer shall disclose all conditions of the home that may affect Sunny Energy from installing the Products. Unless otherwise specified, the Total Contract Price is based upon Buyer’s representation that there are no preexisting conditions preventing Sunny Energy from proceeding with usual installation procedures. The roof, support structure and all existing electrical and plumbing work are believed to comply with applicable building code requirements. Any deficiencies requiring modification in existing structure or components are the responsibility of Buyer. Any change in specifications or installation necessary to conform to existing or future building codes, zoning law, or regulation of inspecting by public authorities shall be considered additional work to be paid for by Buyer. Any electrical or gas fees required by public authorities or utility companies are not included in the Total Contract Price, unless identified and included herein. 7.23. Buyer shall pay Sunny Energy as agreed. In event of default by Buyer of any provision of this Agreement, Buyer shall pay court costs, attorney fees and a fifty percent (50%) collection fee on any outstanding balance over thirty (30) days past due. In the event of default of any installment payment, Sunny Energy at its discretion may declare the entire balance under this Agreement immediately due and payable. Sunny Energy retains all other rights pursuant to Arizona law, including all lien rights provided under Arizona law. Any additional construction cost incurred may be treated as having additional lien rights. 7.24. To the fullest extent permitted by law, Buyer agrees to indemnify, defend, protect, save and hold harmless Sunny Energy, its affiliates, managers, members, employees, officers, directors, shareholders, owners, contractors, agents, successors and assigns from any and all third party claims, actions, costs, expenses (including reasonable attorneys’ costs and expenses), damages, liabilities, penalties, losses, obligations, injuries, demands and liens of any kind or nature arising out of, connected with, relating to or resulting from Buyer’s negligence, misrepresentation, willful misconduct or noncompliance with this Agreement; provided, that nothing in this Agreement will require Buyer to indemnify Sunny Energy for Sunny Energy’s own negligence or willful misconduct.

8. MISCELLANEOUS PROVISIONS 8.1. Sunny Energy shall make no payment to persons employed by the Buyer or consultants for the Buyer, with regard to this Agreement, without disclosure and written approval of the Buyer. 8.2. Sunny Energy shall purchase and maintain general liability insurance policy in the amount of $1,000,000.

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

8.3. Sunny Energy’s obligations to perform under this Agreement will be excused for the duration of any act of God, fire, casualty, flood, war, epidemic, labor unrest, inability to procure necessary equipment or materials, failure of public utilities or necessary government agencies, or any other cause beyond the reasonable control of Sunny Energy. 8.4. If this Agreement is cancelled for any reason by Buyer, after signing and engineering work has begun, there shall be a cancellation fee of Fifteen Percent (15%) of the Total Contract Price to Sunny Energy. Once materials have been delivered to Buyer, full payment due under this Agreement shall be due and payable. 8.5. Payments due and unpaid under this Agreement shall bear interest from the date payment is due. Buyer shall pay to Sunny Energy interest on any delinquent payment or amount due under this Agreement from the due date thereof until paid, at the lesser of the maximum rate of interest allowed by law [which may be agreed in writing] or the prime lending rate charged by Chase Bank. Failure to make timely payment as required by Sunny Energy may extend the project schedule. The length of time required due to rescheduling and mobilization of work force, subcontractors and suppliers may increase more than the number of days lost to late payment(s). Contract schedule revision is at the sole discretion of Sunny Energy. 8.6. The Drawings include all of the electrical and mechanical drawings which are required for a building permit or by the utility company. Permit drawings shall commence within thirty (30) days following the signed date of this Agreement and reservation of all associated rebates and shall be submitted to same as required. A copy of the Drawings is to be included in Buyer’s final Operations Manual, delivered upon commissioning of system by the utility company. 8.7. Sunny Energy is not obligated to provide maintenance services under this Agreement. Buyer understands that it is responsible for all maintenance of the Products, which may include (1) repair or replacement of items no longer covered by manufacturer’s warranties, (2) repair and replacement of items which are damaged and should be repaired or replaced, (3) periodic cleaning the solar panels to maintain maximum exposure to the sun for the production of energy, and (4) other miscellaneous maintenance tasks necessary to safely operate the solar system and to produce energy. 8.8. Buyer is entitled to modify or transfer ownership of the Products, without review or approval by a third party. 8.9. Buyer is entitled to modify or transfer ownership of the real property to which the Products are or will be affixed, without review or approval by a third party. 8.10. Sunny Energy hereby notifies Buyer it may file a twenty (20) day preliminary notice of lien. Please note that this notice does not mean a lien is filed on Buyer’s property. It is required for any subcontract work done on Buyer’s property, only to be filed in the event of non-payment under this Agreement. 8.11. Sunny Energy may assign or subcontract all or any portion of the Work. 8.12. Sunny Energy shall show due care for Buyer’s property and clean up debris adequately, but is not liable for damage that may occur to personal items during the course of the installation. 8.13. Buyer has a right to file a written complaint with the Registrar of Contractors for an alleged violation of A.R.S. § 32-1154(A), or other state rules and regulations regarding licensees. Mail completed complaint form to:

AZ Registrar of Contractors P.O. Box 18243 Phoenix, AZ 85005-8243 CALL: 1-877-MY AZROC (1-877-692-9762)

9. MEDIATION 9.1. Any claim arising out of or related to this Agreement shall, after initial decision by Sunny Energy or thirty (30) days after submission of the claim to Sunny Energy, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 9.2. The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 9.3. The parties shall share the mediators’ fee and any filing fees equally. The mediation shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

10. ARBITRATION 10.1. Any claims arising out of or related to this Agreement, shall, after decision by Sunny Energy or thirty (30) days after submission of the claim to Sunny Energy, be subject to arbitration after a required thirty (30) day cooling off period. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Section 9. 10.2. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association.

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

10.3. A demand for arbitration shall be made within the time limits specified in Section 9.2 as applicable, and in other cases within a reasonable time after the claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute. 10.4. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Buyer, Sunny Energy and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Buyer and Sunny Energy shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a claim not described therein or with a person or entity not named described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 10.5. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. 10.6. The award rendered by the arbitrator or arbitrators shall be final, and the judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. This Agreement is entered into as of the day and year first written above and is executed in at least two original copies, of which one is to be delivered to Sunny Energy and the other to the Buyer.

11. WARRANTY 11.1. Sunny Energy warranties the workmanship of the installation for ten (10) years from the date of installation. This workmanship warranty is in addition to the manufacturer warranties that are included on all major components. Having another contractor perform work on the system will void Sunny Energy’s warranty. Sunny Energy warranties roof penetrations for leaks within six (6) inches of any roof penetration made for the installation as part of the workmanship warranty. Buyer agrees that before contacting Sunny Energy with a claim resulting from a roof leak, Buyer will get an opinion from a professional roofing contractor that the roof leak was as a result of the penetrations performed by Sunny Energy during solar installation. This warranty does not cover damage to any part of the solar system caused by improper use, negligence, intentional damage, vandalism, flying or falling objects, including, but not limited to golf balls. If this installation is located near a golf course, Buyer understands that damage from golf balls may be likely to happen, and the damage and resulting loss of energy production shall be the responsibility of Buyer. 11.2. The Sunny Energy workmanship warranty is to the benefit of the Buyer, and to any subsequent owners of Buyer’s home, provided this warranty is not voided by any beneficiary of the warranty, or any third party, pursuant to the terms of this Section 11. Buyer must notify Sunny Energy of any changes in ownership of Buyer’s home which may include any third party as a beneficiary of this warranty. 11.3. SUNNY ENERGY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OUTLINED IN THE SUNNY ENERGY PERFORMANCE GUARANTY, SUNNY ENERGY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACTUAL ENERGY GENERATION OF THE SYSTEM, AND BUYER ACKNOWLEDGES THAT THE SYSTEM’S ELECTRICITY GENERATION CAN BE INFLUENCED BY MANY FACTORS, INCLUDING THOSE OUTSIDE THE CONTROL OF BUYER OR SUNNY ENERGY (E.G. WEATHER AND AMOUNT OF DIRECT SUNLIGHT). 11.4. OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SUNNY ENERGY NOR ANY OF ITS AFFILIATES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OWNERS, EMPLOYEES OR AGENTS WILL BE LIABLE TO BUYER UNDER ANY LEGAL THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR USE, EVEN IF SUCH LOSS OR DAMAGE COULD HAVE BEEN FORESEEN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCE, BUYER ACKNOWLEDGES AND AGREES THAT TOTAL LIABILITY OF SUNNY ENERGY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR WORK HEREUNDER IS LIMITED TO THE AMOUNT OF THE TOTAL CONTRACT PRICE BUYER PAYS US UNDER THIS AGREEMENT.

You, the buyer, may cancel this transaction at any time prior to midnight, THREE BUSINESS DAYS after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.

Buyer:

Name: Richard Haney Date: 14 Mar 2024

Name: Date:

Sunny Energy LLC:

Name: Date:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

ADDENDUMS

Name Special Notes

optimizers (all) I had to get the price the same as I quoted and they want optimizers behind every panel.

The table above contains detailed descriptions of additional work requested by Buyer and any special requests Buyer made. By initialing below, Buyer agrees that this table reasonably contains all of Buyer’s requests concerning the extra work listed in the table. If any of this is not correct, or if anything is missing, Buyer should contact their representative at Sunny Energy, and ask them to clarify these items, before signing this agreement.

Accepted by (Initials) {{Initial:Recipient1:CINITIALS1*}}

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

PERFORMANCE GUARANTEE FOR: Richard Haney

Production Estimate Sunny Energy estimates that the Solar System will be capable of generating 24167 kilowatt-hours of electric energy during its first year of operation. Actual production may vary due to natural variation in weather patterns, the physical specifications of the Home’s roof(s), the required placement of the Solar System on your roof, and other conditions.

Due to expected panel degradation, Sunny Energy estimates that the Solar System will be capable of generating approximately .5% fewer kilowatt-hours ("kWh") of energy each year, than each previous year, during the initial twenty-five-year term.

This production estimate is subject to change after engineering review.

Guaranteed Output Subject to the conditions set forth in this document, Sunny Energy guarantees that the Solar System will generate at least ninety percent (90%) of the estimated output each year, adjusted for the accumulated panel degradation, measured on a rolling three-year period basis, during the initial twenty five year term of this Agreement (the "Guaranteed Output"). Subject to the conditions set forth in this document, Sunny Energy will issue you a refund equal to $.13 per kWh of difference between the Guaranteed Output and the average annual energy produced during the three year measurement period, if the Solar System does not generate at least the Guaranteed Output.

Measurement Period Weather and other environmental conditions may vary from year to year which affect the energy production of the solar system. To eliminate these variations from the calculation of production versus Guaranteed Output, a rolling three-year average shall be used to compare measured system production to the Guaranteed Output of the system. If, after the initial three year period, consisting of years one, two and three, the total energy production is less than 90% of the Guaranteed Output for the same three-year period, Sunny Energy shall compensate the Homeowner for the difference between the total energy production during the three- year period, divided by three, and the Guaranteed Output for the first year.

This three-year averaging process shall continue for successive three-year periods for the entire 25 year term of this guaranty, starting with years two, three and four, and ending with years twenty three, twenty four and twenty five.

If, over the course of the 25 year term, the Solar System produces more energy than the predicted Guaranteed Output, then the extra energy will be yours at no additional cost.

Exclusions Sunny Energy will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by (a) weather related reduction in energy production, (b) shading or (d) homeowner’s lack of following the guidelines outlined in Sunny Energy’s Handbook.

For the avoidance of doubt, Sunny Energy will not issue you a refund for underproduction arising from any of the following:

Underproduction arising from your failure to comply with your obligations under the Agreement or the Handbook. Underproduction arising from shading conditions. Underproduction arising from prolonged weather conditions negatively affecting the energy production of the system. Underproduction as a result of a grid failure disabling the Solar System. Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Underproduction arising from your lack of notifying Sunny Energy of the need to repair the system due to damage, unexpected loss of energy production, equipment failures, or any other problems with the solar system.

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

It’s your responsibility to maintain in good working condition the solar system monitoring equipment and communication with the monitoring data center. Lack of sufficient data from your solar system monitoring equipment, to adequately measure energy production, will void this guaranty.

Sunny Energy makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed.

Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from the Solar System are therefore subject to change and are not guaranteed. Tax incentives are subject to change or termination by executive, legislative or regulatory action.

This Performance Guaranty is to the benefit of the original buyer of the system, and will not transfer to any other owner, unless arrangements are made, and agreed to in writing, between Sunny Energy, the Homeowner and original buyer.

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

SOLAR DEVICE WARRANTY

To: Richard Haney Address: 5657 N 207th Ave, Buckeye, AZ, 85396 Date: 14 Mar 2024

Re: Solar Device Warranty Pursuant to A.R.S. § 44-1762(B)

The manufacturer of your solar device has provided an express written warranty on your equipment, including but not limited to collectors, heat exchangers and storage units of your solar energy device. The manufacturer’s written warranty was provided to you at the time of installation. Any manufacturer’s and/or dealer’s warranty on your equipment shall be in addition to, and not in lieu of, this parts and labor warranty.

Your solar device has been installed or repaired by a duly licensed electrician. Parts and labor are warranted for a period of ten (10) years from the date of installation. Sunny Energy warranties roof penetrations for leaks within six (6) inches of any roof penetration made for the installation as part of the workmanship warranty. This workmanship warranty is in addition to the manufacturer warranties that are included on all major components. Having another contractor perform work on the system may void Sunny Energy’s warranty. Buyer agrees that before contacting Sunny Energy with a claim resulting from a roof leak, Buyer will get an opinion from a professional roofing contractor that the roof leak was a result of the penetrations performed by Sunny Energy during solar installation. This parts and labor warranty shall supersede all other warranties for the time period stated.

This parts and labor warranty includes, but is not limited to, any and all component failure(s), whether or not covered by the original manufacturer of the equipment, and any and all defects and malfunctions arising out of or related to installation.

This full parts and labor warranty does not cover problems resulting from exposure to harmful materials or chemicals, fire, flood, lightning, hurricane, tornado, hailstorm, earthquake, or other acts of God, vandalism, alteration of the system by unauthorized person(s), or other causes beyond the contractor’s control.

Sincerely,

Sunny Energy, LLC

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

Utility Authorization Form

Buyer Information

Name on Utility Bill: Richard Haney

Email Address: [email redacted]

Phone Number: +1 360-509-5563

Utility Information

Utility Company: Arizona Public Service Co

Utility [account number redacted]

Do you have an online utility account? ✔

I hereby authorize Sunny Energy LLC and/or their designated representatives to obtain records of energy consumption for the account listed above.

Mar 2024 Utility Account Holder’s Signature Date

Buyer’s Homeowner’s Association Information

Buyer: Richard Haney

Buyer’s Phone: +1 360-509-5563

Buyer’s Address: 5657 N 207th Ave, Buckeye, AZ, 85396

Do you have a HOA? (please check one) Yes No

If Yes, please fill out the information below. If No, leave blank or mark n/a.

HOA Information:

HOA:

Contact:

Phone:

Email:

Address:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

EXHIBIT 1 (CUSTOMER COPY) NOTICE OF CANCELLATION STATUTORILY-REQUIRED LANGUAGE

Notice of Cancellation

Date of Transaction: 14 Mar 2024

Name: Richard Haney

Buyer may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If Buyer cancels, any property traded in, any payments made by Buyer under the contract or sale and any negotiable instrument executed by Buyer will be returned within TEN (10) DAYS following receipt by Sunny Energy LLC of Buyer’s cancellation notice, and any security interest arising out of the transaction will be canceled. If Buyer cancels, Buyer must make available to the seller Sunny Energy LLC at Buyer’s residence, in substantially as good condition as when received, any goods delivered to Buyer under this contract or sale, or Buyer may, if desired, comply with the instructions of Sunny Energy LLC regarding the return shipment of the goods at Sunny Energy LLC’s expense and risk. If Buyer does make the goods available to Sunny Energy and Sunny Energy LLC does not pick them up within twenty (20) days of the date of your notice of cancellation, Buyer may retain or dispose of the goods without any further obligation. If Buyer fails to make the goods available to Sunny Energy LLC, or if Buyer agrees to return the goods to Sunny Energy LLC and fails to do so, then Buyer remains liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to Sunny Energy LLC, Document Receiving, 2414 W 14th St, Ste B, Tempe, AZ, 85281 NOT LATER THAN MIDNIGHT of the date that is THREE BUSINESS DAYS from the date Buyer signed the Agreement.

I hereby cancel this transaction on [Date].

Buyer’s Signature:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

EXHIBIT 1 (CUSTOMER COPY) NOTICE OF CANCELLATION STATUTORILY-REQUIRED LANGUAGE

Notice of Cancellation

Date of Transaction: 14 Mar 2024

Name: Richard Haney

I hereby cancel this transaction on [Date].

Buyer’s Signature:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

EXHIBIT 2 (CUSTOMER COPY) STATUTORILY-REQUIRED LANGUAGE

Required Acknowledgments

Date of Transaction: 14 Mar 2024

Arizona Revised Statutes 44-1763 Required Acknowledgements

ARS 44-1763 requires acknowledgment by the buyer of a PV system that each of the following are contained in this purchase agreement, or a separate third party financing agreement:

The agreement is signed by the person buying or financing the distributed energy generation system;

The agreement is dated;

The agreement does not contain blank spaces affecting the timing, value or obligations of the agreement in a material manner when signed by the buyer;

The agreement is in at least ten-point type;

The agreement includes a provision granting the buyer the right to rescind the financing or sale agreement for a period of not less than three business days after the agreement is signed by the buyer and before the distributed energy generation system is installed;

The agreement provides a description, including the make and model of the distributed energy generation system's major components or a guarantee concerning energy production output that the distributed energy generation system being sold will provide over the life of the agreement;

The agreement separately sets forth (1) the total purchase price or total cost to the buyer under the agreement for the distributed energy generation system over the life of the agreement; (2) any interest, installation fees, document preparation fees, service fees or other costs to be paid by the buyer of the distributed energy generation system; and (3) if the distributed energy generation system is being financed, the total number of payments, the payment frequency, the amount of the payment expressed in dollars and the payment due date;

The agreement provides a disclosure which identifies all current tax incentives and rebates or other state or federal incentives for which the buyer may be eligible and any conditions or requirements pursuant to the agreement to obtain these tax incentives, rebates or other incentives to the extent they are used by the seller in determining the purchase price of the agreement;

The agreement identifies the tax obligations that the buyer may be required to pay as a result of buying or financing the distributed energy generation system, including (1) the assessed value and the property tax assessments associated with the distributed energy generation system calculated in the year the agreement is signed; (2) transaction privilege taxes that may be assessed against the person buying the distributed energy generation system; and (3) any obligation of the buyer to transfer tax credits or tax incentives of the distributed energy generation system to any other person. The agreement discloses whether the warranty or maintenance obligations related to the distributed energy generation system may be sold or transferred to a third party;

The agreement includes a disclosure regarding whether there are any restrictions on the buyer's ability to modify or transfer ownership of a distributed energy generation system, including whether any modification or transfer is subject to review or approval by a third party. If the modification or transfer of the distributed energy generation system is subject to review or approval by a third party, the agreement must identify the name, address and telephone number of, and provide for updating any change in, the entity responsible for approving the modification or transfer;

Buyer Acknowledges the Statement Above:

The agreement includes a disclosure regarding whether a modification or transfer of ownership of the real property to which the distributed energy generation system is or will be affixed contains any restrictions pursuant to the agreement on the buyer's ability to modify or transfer ownership of the real property to which the distributed energy generation system is installed or affixed, including whether any modification or transfer is subject to review or approval by a third party. If the modification or transfer of the real property to which the distributed energy generation system is affixed or installed is subject to review or approval by a third party, the agreement must identify the name, address and telephone number, and provide for updating any change in, the entity responsible for approving the modification or transfer;

Buyer Acknowledges the Statement Above:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Zoho Sign Document ID: 29289B51-KURHWO6YHRMDS6F0DL4AIYIQ7_GTEW_3HTIZ0FYPB8I

The agreement provides a full and accurate summary of the total costs under the agreement for maintaining and operating the distributed energy generation system over the life of the distributed energy generation system, including financing, maintenance and construction costs related to the distributed energy generation system;

If the agreement contains an estimate of the buyer's future utility charges based on projected utility rates after the installation of a distributed energy generation system, the agreement provides an estimate of the buyer's estimated utility charges during the same period as impacted by potential utility rate changes ranging from at least a five percent annual decrease to at least a five percent annual increase from current utility costs. The comparative estimates must be calculated based on the same utility rates;

The agreement must include a disclosure that states: (1) utility rates and utility rate structures are subject to change; (2) these changes cannot be accurately predicted; (3) projected savings from buyer’s distributed energy generation system are therefore subject to change; and (4) tax incentives are subject to change or termination by executive, legislative or regulatory action;

The agreement must provide that before the maintenance or warranty obligations of a distributed energy generation system under an existing financing or purchase agreement is transferred, the person who is currently obligated to maintain or warrant the distributed energy generation system must disclose the name, address and telephone number of the person who will be assuming the maintenance or warranty of the distributed energy generation system; and

Buyer Acknowledges the Statement Above:

The agreement must provide that, if the seller's or marketer's marketing materials contain an estimate of the buyer's future utility charges based on projected utility rates after the installation of a distributed energy generation system, the marketing materials must contain an estimate of the buyer's estimated utility charges during the same period as impacted by potential utility rate changes ranging from at least a five percent annual decrease to at least a five percent annual increase from current utility costs.

Buyer acknowledges each of the above statements:

This contract is created on March 14th, 2024 and is not valid until signed by both parties. Version: v9 Complainant: Carrie Haney 5657 N 207th Ave Buckeye, AZ 85396

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 20, 2024

License No. ROC 301018

Re:Complaint No. 2024-09080

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

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

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

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

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

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

Sincerely,

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

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Received 9/12/2024 ROC Legal

BRADLEY D. PACK (602) 222-4994 [email redacted]

September 12, 2024

Via First Class U.S. Mail and e-mail ([email redacted]) Arizona Registrar of Contractors P.O. Box 18244 Phoenix, Arizona, 85005-8244

Re: Written Answer to Citation and Complaint Contractor: Sunny Energy, LLC Complainant: Carrie Haney Complaint / Case No. 2024-09080

This firm is bankruptcy counsel for Sunny Energy, LLC (“Contractor”). We are in receipt of the above-referenced Citations with regard to the complaint filed by Carrie Haney. The complaint alleges that Haney contracted to have Contractor install residential solar panels, but since being notified of Contractor’s bankruptcy petition, they told the Contractor, “we just want our full money refunded” and “we have lined up another company since were running out of time to get credit with APS.”

It is correct that Contractor filed a Chapter 11, Subchapter V bankruptcy petition on July 26, 2024. The bankruptcy case is pending under Case No. 2:24-bk-06111-BKM. The United States Bankruptcy Code controls the manner in which claims that accrued prior to the filing of the bankruptcy (including claims for refunds of money deposited with the Contractor) and executory contracts (contracts between the Contractor and another party for which performance remains due on both sides) must be handled. The Bankruptcy Code generally supersedes conflicting state law.

Subject to the foregoing, and without waiving any of the protections of the automatic stay of 11 U.S.C. § 362 or any other provisions of the U.S. Bankruptcy Code, Contractor disputes that it committed abandonment or failed to take appropriate corrective actions without valid justification. To the contrary, Ms. Haney requested cancellation of the contract. The facts relevant to this matter are as follows:

1. Installation was scheduled for August 1, 2024. 2. Contractor’s installation team had employes who did not show up for work on August 1, 2024 so Debtor had to reschedule the installation. Yolanda Artist from Debtor’s office talked to Ms. Haney by phone to let her know that it would be rescheduled as soon as Contractor had a date and time. 3. On August 6, 2024, Ms. Haney left a voicemail for Contractor’s employee, Melanie Love, stating that the Haneys wanted to cancel the contract and get their money back.

2800 NORTH CENTRAL AVE. | STE 1200 | PHOENIX, AZ 85004| 602.271.9090 TEL | 602.222.4999 FAX | EBLAWYERS.COM Received 9/12/2024 ROC Legal ENGELMAN BERGER, P.C. ATTORNEYS AT LAW

Arizona Registrar of Contractors September 12, 2024 Page 2

4. Ms. Love called Ms. Haney back on August 6, but Ms. Haney insisted on cancelling the project. 5. On August 15, 2024, Contractor’s employee Adam Hand received a voicemail from Ms. Haney asking why nobody has called her back about their project. 6. Mr. Hand called Ms. Haney back on August 15, 2024, and Ms. Haney stated she and Mr. Haney were not interested in having Debtor install their system.

If you have further questions, please contact me at 602-222-4994.

Sincerely,

ENGELMAN BERGER, P.C.

Bradley D. Pack

On behalf of Sunny Energy, LLC, I hereby verify that the factual statements set forth above are true and accurate.

Sunny Energy, LLC

By Joseph Cunningham Its Director of Operations

4853-9244-1059, v. 2 Received 9/12/24, 1:03 PM State of Arizona Mail - Complaint / Case No. 2024-09080 9/12/2024 ROC Legal

Answers - AZROC <[email redacted]>

Complaint / Case No. 2024-09080 message

Cynthia D. Nesselrode <[email redacted]> Thu, Sep 12, 2024 at 10:56 AM To: "[email redacted]" <[email redacted]> Cc: "Bradley D. Pack" <[email redacted]>

Hello, please see attached correspondence from Bradley Pack regarding the above-referenced matter. A hard copy will follow by U.S. Mail.

Thank you.

Cynthia D. Nesselrode, Legal Assistant

ENGELMAN BERGER, P.C.

2800 North Central Avenue, Suite 1200, Phoenix, Arizona 85004

602.222.4988 | eblawyers.com | [email redacted] | bio

9-12-24 Response to AROC Citation re Haney Complaint.pdf 221K

https://mail.google.com/mail/b/AEoRXRSw3GOKLVoZxYA6fuALFmHQLVuhCehWm3AWXquMBRAJVLn8/u/0/?ik=581c53cf5c&view=pt&search=all&p… 1/1 Received 9/24/2024 ROC Legal Received 9/24/24, 3:10 PM State of Arizona Mail - Terry Rials Response to Citation; Case No. 2024-09080 9/24/2024 ROC Legal

Answers - AZROC <[email redacted]>

Terry Rials Response to Citation; Case No. 2024-09080 message

Allis Brown <[email redacted]> Tue, Sep 24, 2024 at 2:07 PM To: "[email redacted]" <[email redacted]> Cc: Ryan Talamante <[email redacted]>

To Whom It May Concern:

Please correspondence from Ryan Talamante for your attention.

Regards,

Allis Brown

Legal Assistant

Van Cott & Talamante, PLLC

3030 N. Third Street, Suite 790

Phoenix, Arizona 85012

(602) 257-9160 telephone

(602) 257-9180 facsimile

www.vancotttalamante.com

CONFIDENTIALITY NOTICE: This electronic transmission and any attachment hereto are the private confidential property of the sender, and the materials are privileged communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify Van Cott & Talamante immediately by telephone at (602) 257-9160, by fax at (602) 257-9180 or by e- mail at [email redacted]

2024-09-24 RIALS Response to Citation (Haney) - FNL.pdf 54K

https://mail.google.com/mail/b/AEoRXRSGE1ZFqqnop0KyY2ajGtmM8BZnxLsDjhPnFVe4RRqE13n7/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 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