Rating Provider Disciplinary Action Proponent: RESNET Quality Assurance and Ethics Committee Proposed Changes: CHAPTER 109 – AMEND AS FOLLOWS: 109.1 For failure to correct deficiencies of home energy rating system. 109.1.1 Probation – If the RESNET Board of Directors determines at any time that a home energy rating system has failed to adhere to the accreditation requirements, the RESNET Board of Directors shall notify the home energy rating system of the specified deficiencies and shall require that specific corrective action, set forth in the notification, be taken not later than 30 calendar days within a specified time after the date set forth in such notification. The notice of probation may be appealed to the RESNET Quality Assurance and Ethics Committee’s Appeals and Ethics Subcommittee in accordance with procedures set forth in Section 110.2. 109.1.2 Suspension – In the event that the deficiencies have not been remedied as specified or can not be otherwise redressed to RESNET’s satisfaction, the RESNET Board of Directors shall have the authority to immediately begin the process of suspension by issuance of a Notice of Suspension Proceedings effective for a specified time after the date set forth in such notification. Such Suspension Proceedings shall follow the due process procedures contained in 109.3 below. The notice may be appealed to the RESNET Quality Assurance and Ethics Committee’s Appeals and Ethics Subcommittee in accordance with procedures set forth in Section 110.2. 109.1.3 Revocation – In the event that the specified deficiencies are not corrected as specified in the Notice of Suspension, or the deficiencies are deemed to be of a sufficiently serious nature, a Notice of Revocation Proceeding shall be issued by RESNET after review by the Board of Directors Quality Assurance and Ethics Committee’s Appeals and Ethics Subcommittee. Such Revocation Proceedings shall follow the due process procedures contained in 109.3 below. The Notice of Revocation may be appealed to the RESNET Quality Assurance and Ethics Committee in accordance with the procedures set forth in Section 8.0 110.2. CHAPTER 110 – AMEND AS FOLLOWS: 110.1 Notification. 110.1.1 The RESNET Board of Directors shall notify the home energy rating system and the accreditation review body of any decisions. Additionally, the RESNET Board of Directors shall clearly notify the home energy rating system of the procedures and right to remedy. 110.2 Appeal 110.2.1 In the event that an accreditation application has been denied or revoked, or ifthe home energy rating system has been placed on probation or suspended, the home energy rating system shall have the right, for a period of 30 calendar days after the date of notice, to appeal to the RESNET Board of Directors Quality Assurance and Ethics Committee’s Appeals and Ethics Subcommittee. 110.2.1.1 An appeal shall be in writing and sent by certified mail or other method which provides evidence of delivery to the Chairman of the RESNET Quality Assurance and Ethics Committee and shall specify the basis for the appeal. 110.2.1.2 The appellant home energy rating system may, at the time of noticing its appeal, request in writing, a hearing by the RESNET Quality Assurance and Ethics Committee’s Appeals and Ethics Subcommittee. In such an event, the subcommittee shall, not later than 7 calendar days after the filing of the notice of appeal, notify the appellant home energy rating system of the date of the hearing, which shall be held as expeditiously as possible, but not later than 30 calendar days after the receipt of the notice of appeal. 110.2.1.3 In the event that a home energy rating system’s appeal of its probation or suspension is rejected by the RESNET Quality Assurance Committee and Ethics Committee’s Appeals and Ethics Subcommittee, the home energy rating system shall have the right, for a period of 30 calendar days after the date of the notification of the denial of the appeal to appeal to the RESNET Quality Assurance and Ethics Committee. 110.2.1.4 In the event that a home energy rating system’s appeal of its revocation id rejected by RESNET Quality Assurance and Ethics Committee, the home energy rating system shall have the right for a period of 30 calendatr days after the notification of the denial of the appeal to appeal to the RESNET Board of Directors. 110.2.2 In the event that a home energy rating system’s accreditation is being placed on probation or suspended following the expiration of the period to appeal a suspension, in the absence of an appeal having been taken, the home energy rating system shall have the right, at its election, for a period of 30 calendar days after the date of issue of a Notice of Suspension, to appeal to the RESNET Board of Directors 110.2.3 An appeal shall be in writing and sent by certified mail or other method which provides evidence of delivery to the President of the RESNET Board of Directors and shall specify the basis for the appeal. 110.2.4 The appellant home energy rating system may, at the time of noticing its appeal, request in writing, a hearing by the RESNET Board of Directors. In such an event, the accreditation committee shall, not later than 7 calendar days after the filing of the notice of appeal, notify the appellant home energy rating system of the date of the hearing, which shall be held as expeditiously as possible, but not later than 30 calendar days after the receipt of the notice of appeal. Justification: RESNET is committed to a fair and transparent process for handling failures by accredited rating providers in adhering the national home energy rating accreditation standards. It is inappropriate to have the RESNET Board of Directors initiate disciplinary action on accredited home energy rating providers. It is more appropriate for the board to be the final arbitrator of such action by the organization. The RESNET Quality Assurance and Ethics Committee recommends that RESNET staff being responsible for initiating probation or suspension of rating providers. For these actions the committee’s Appeals and Ethics Subcommittee would serve as the first level of appeal. The ruling of the subcommittee then can be appealed to the full committee. For serious violations that can not be remedied, the Appeals and Ethics Committee would review and approve accreditation revocation based on information provided by Staff. For these actions the RESNET Quality Assurance and Ethics Committee would also serve as the first level of appeal based on the petition of the appellant provider. If the provider is not satisfied with the committee’s ruling, the party can appeal to the RESNET Board of Directors. This layering of appeals ensures a fair opportunity for due diligence and appropriate recourse at each level, while maintaining corresponding levels of confidentiality or disclosure.
