910 Probation, Suspension, and Revocation of Accreditation

It is the expectation of RESNET that Providers fully comply with all the requirements set forth in these Standards. Discovery of one or more areas of non-compliance via the RESNET Quality Assurance process, via reporting by a Quality Assurance Designee as part of a Provider’s Quality Assurance process, or in the course of RESNET’s research of an ethics or compliance complaint will result in RESNET and/or the Quality Assurance Designee working with a Provider to come back into compliance. However, on occasion, there may be instances where actions by a Provider are truly egregious and, as such, would be deemed to be “significant non-compliance”. This Section defines the thresholds when actions by a Provider are deemed to be significant non-compliance. In cases of significant non-compliance or violations meriting suspension or revocation listed in Sections 910.4 and 910.5, all RESNET Providers, Quality Assurance Designees, HERS Raters, Rating Field Inspectors, and HERS Modelers are required to report the significant non-compliance or violation to RESNET. Any stakeholder may report significant non-compliance or a violation to RESNET. Upon receipt of a report of significant non-compliance or a violation, additional action may be taken by RESNET pursuant to this Section 910.

910.1 Disciplinary Actions Against A Provider

RESNET shall comply with the following due process procedures in considering any probation, suspension or revocation actions against a Provider

910.2 Notification of Non-Compliance and Proposed Disciplinary Action

If RESNET determines at any time that an accredited Provider failed to adhere to the requirements set forth in these Standards, RESNET shall notify by email, or other method which provides evidence of delivery, the Provider of the non-compliance and disciplinary actions under this section. Notification shall include:

910.2.1 Entire basis and justification for the disciplinary action;

910.2.2 Any applicable corrective action required to be taken no later than twenty (20) business days after the date set forth in such notification;

910.2.3 Proposed disciplinary action and its effective date, which shall be no less than fifteen (15) business days after the notification is delivered, no less than five (5) business days after any hearing on the proposed disciplinary action under Section 912, and in any event no later than any corrective action required pursuant to Section 910.2.2; and

910.2.4 Clarification of the procedures as stipulated in this Standard and the Provider’s right to a hearing under Section 912 of this chapter, including the deadline and process for submitting a written challenge to the finding of noncompliance, proposed corrective action, and/or proposed disciplinary action pursuant to Section 912.

910.3 Probation of a Provider

After satisfaction of the due process procedures set forth in Section 910.2 and Section 912 of this chapter, RESNET may impose one or more of the following probation actions.

910.3.1 Administrative probation results from violations found through RESNET quality assurance monitoring or through the RESNET complaint resolution process shall remain confidential between RESNET and the Provider. These violations may include but are not limited to:

910.3.1.1 Failure to submit to RESNET any material information required to be submitted by the Provider, in accordance with obtaining or maintaining accreditation;

910.3.1.2 Failure to adhere to one or more administrative and documentation/reporting provisions of the RESNET Standards.

910.3.2 More serious compliance violations found through RESNET’s Quality Assurance process, RESNET quality assurance monitoring or through the RESNET complaint resolution process shall result in disciplinary compliance probation. These violations may include but are not limited to:

910.3.2.1 Failure to correct the terms of an administrative probation during the time period defined in the issuance of probation;

910.3.2.2 Ethics or compliance complaint(s) investigated and validated by RESNET against a Provider;

910.3.2.3 A Provider shall at a minimum be placed on Disciplinary Probation if they have been placed on Administrative Probation twice within twelve months.

910.3.3 RESNET shall, at its discretion, make a final determination regarding the necessity of posting a disciplinary probation on the RESNET web site.

910.3.4 RESNET shall determine the length of administrative or disciplinary probation resulting from violations defined in this chapter not to exceed 12 months.

910.4 Suspension of a Provider

After satisfaction of the due process procedures set forth in Section 910.2 and Section 912 of this chapter, RESNET may impose one or more of the following suspension actions.

910.4.1 A Provider may have their accreditation suspended. These violations may include, but are not limited to:

910.4.1.1 A Provider has had more than one (1) Disciplinary Probation violation within a three-year period;

910.4.1.2 Failure to correct the terms of a Disciplinary Probation during the time period defined in the notice of probation;

910.4.1.3 Submission of false information to RESNET in accordance with obtaining or maintaining accreditation;

910.4.1.4 Misrepresentation of any accreditation or certification status in marketing materials, Services offered or actually provided for which the Provider organization does not possess the appropriate RESNET accreditation or affiliated individuals do not possess the appropriate RESNET certification;

910.4.1.5 Knowingly allowing ratings to be submitted under a primary rater without those ratings being under that primary rater’s supervisory control or without allowing that primary rater to review the final product;

910.4.1.6 Willful Misconduct by the Provider, defined as an intentional disregard of any provision of the RESNET Standards, which a Party knew or should have known if it was acting as a reasonable person, but shall not include any error of judgment or mistake made in good faith;

910.4.1.7 Sixty (60) days or mote of delinquency of rating registration fees.

RESNET shall determine the length of suspension not to exceed 12 months.

910.4.2 A Provider shall, at a minimum, be placed on suspension if they have any Disciplinary Probation violations within twelve months of reinstatement from a suspension.

910.4.3 A Provider shall, at a minimum, be placed on suspension if they have any violation of RESNET’s Whistle Blower Protection Policy as specified in section 911.

910.4.4 RESNET shall remove the Provider from the appropriate National Registry of Accredited Providers when accreditation is suspended.

9.10.4.5 RESNET shall restrict the Provider from uploading rating files into the RESNET National Registry until the Provider successfully complies with the terms of the suspension. Any rating files uploaded by the Provider after it received the notification of non-compliance shall be removed from the RESNET Building Registry until the Provider successfully complies with the terms of the suspension.

910.4.6 RESNET shall post on its website Providers whose accreditation has been suspended. The Provider suspension listing shall be removed when the Provider successfully complies with the terms of the suspension, within five (5) business days of successfully resolving the issue.

910.4.7 RESNET shall electronically inform known clients, Raters, RFIs, Modelers, other Providers, program administrators using HERS or or HERSH20 Ratings, rating software providers and any affected EEPs of a Provider’s accreditation suspension. To the extent feasible, the Provider shall assist RESNET with notifications.

910.4.8 Prior to reinstatement, the Provider shall successfully resolve to RESNET's satisfaction the issue(s) that resulted in the Provider being suspended and Inform RESNET in writing:

910.4.8.1 That issue(s) that resulted in the Provider being suspended have been successfully resolved;

910.4.8.2 State the steps taken to resolve the issue(s);

910.4.8.3 State the steps that will be taken to prevent the issue(s) from occurring again in the future.

910.5 Revocation of a Provider or Training Provider

After satisfaction of the due process procedures set forth in Section 910.2 and Section 912 of this chapter, RESNET may impose one or more of the following revocation actions.

910.5.1 A Provider may have their accreditation revoked. These violations may include, but are not limited to:

910.5.1.1 A Provider has had more than one (1) suspension within a five-year period;

910.5.1.2 Fraudulent Activity involving RESNET, including but not limited to:

910.5.1.2.1 Falsifying inspections;

910.5.1.2.2 Altering data from another Accredited Provider’s rating submission to the RESNET National Registry without the previous provider’s authorization;

910.5.1.2.3 Falsifying data submitted to the RESNET National Registry, include building files, reports, and any other documents related to ratings for energy efficiency programs or codes;

910.5.1.2.4 Registering ratings with knowledge or reasonable suspicion that inspections were not completed as required by the program;

910.5.1.2.5 Allowing “non-certified” persons to perform inspections, testing, quality assurance, energy modeling or any aspect of ratings that are required to be complete by certified persons;

910.5.1.2.6 Allowing Raters or RFIs to perform inspections, testing and/or ratings while on any RESNET disciplinary actions barring them from doing so;

910.5.1.2.7 Colluding with other Provider(s) to bypass RESNET requirements;

910.5.1.2.8 Colluding with other Provider(s) to fix pricing;

910.5.1.3 Non-payment per RESNET’s Fee Payment Policy for Providers;

910.5.1.4 Severe violation of the RESNET Code of Ethics;

910.5.2 At the discretion of RESNET, any Provider accredited by RESNET may have their accreditation revoked in any of, but not limited to the following circumstances:

910.5.2.1 A Provider has two (2) or more Disciplinary Probation violations after completing the terms of a suspension;

910.5.2.2 In the event that deficiencies stipulated in a notice of suspension have not been remedied within the period set forth in such notice;

910.5.2.3 Provider engages in any conduct that is detrimental to the reputation or the best interests of RESNET, the profession or the service.

910.5.3 A Training Provider may have their accreditation revoked. These violations may include, but are not limited to:

910.5.3.1 Compromising the security or integrity of any RESNET certification test. The examination and the items contained therein are the exclusive property of RESNET.

910.5.3.2 Intentionally misrepresenting their RESNET Accreditation by training to curricula that differ from that submitted to RESNET.

910.5.3.3 Violation of RESNET defined test-proctoring procedures.

910.5.3.4 Intentionally misrepresenting their RESNET Accreditation by changing their rater instructor and not notifying RESNET.

910.5.4 RESNET shall remove the Provider or Training Provider from the appropriate National Registry of Accredited Providers, restrict the Provider or Training Provider from access to the RESNET National Registry, and, as applicable, not allow the Training Provider to set up and/or administer RESNET’s tests when accreditation is revoked until the Provider or Training Provider successfully complies with the terms of the revocation. Any rating files uploaded by the Provider after it received the notification of noncompliance shall be removed from the appropriate RESNET Building Registry until the Provider successfully complies with the terms of the revocation.

910.5.5 RESNET shall post on its website Providers and Training Providers whose accreditation has been revoked. The Provider or Training Provider revocation listing shall be removed when they have successfully complied with the terms of the revocation, within five (5) business days of successfully resolving the issue.

910.5.6 RESNET shall electronically inform the Provider or Training Provider’s known clients, Raters, RFIs, Modelers, other Providers, program administrators using HERS or HERSH20 Ratings, rating software providers and any affected EEPs about the revocation of the Provider or Training Provider’s accreditation in accordance with this chapter. To the extent feasible, the Provider or Training Provider shall assist RESNET with notifications.

910.5.7 Prior to reinstatement, the Provider shall successfully resolve to RESNET’s satisfaction the issue(s) that resulted in the Provider being suspended and inform RESNET in writing:

910.5.7.1 That issue(s) that resulted in the Provider being suspended have been successfully resolved;

910.5.7.2 State the steps taken to resolve the issue(s);

910.5.7.3 State the steps that will be taken to prevent the issue(s) from occurring again in the future.

910.5.8 In the event a Provider or Training Provider has its accreditation revoked due to the actions of an owner, founder, or chief executive officer of that Provider or Training Provider (Principal), the Principal’s Certified HERS Rater, RFI and/or HERS Modeler certification(s), if any, shall also be revoked for the duration of the Provider’s revocation.

910.6 Right to Hearing

An accredited Provider or Training Provider has the right to challenge the finding of noncompliance, proposed corrective action, and/or proposed disciplinary action under this Section pursuant to the Hearing Procedures in Section 912.

910.6.1 The effective date of a proposed disciplinary action under this Section shall be no less than fifteen (15) business days after the notification is delivered to the Provider or Training Provider, no less than five (5) business days after any hearing on the proposed disciplinary action under Section 912, and in any event no later than any corrective action required pursuant to Section 910.2.2. The Provider or Training Provider shall be notified in writing of the result of any hearing on the proposed disciplinary action under Section 912 prior to the effective date of the disciplinary action.

910.6.2 Failure to maintain adequate knowledge of the RESNET Standards will not be considered a defense in the hearing process.