Proposed Standard Amendment on Disciplinary Appeals

PROPOSED STANDARD AMENDMENT ON DISCIPLINARY APPEALS

Currently the RESNET Standards require that the RESNET Board of Directors hear and consider the appeals of a RESNET Ethics and Appeals Committee decision.

Because RESNET is a membership organization made up of the HERS industry and its stakeholders and that the RESNET Board is elected by its category of membership, a perception of conflict of interest can occur.  If the appellant is a large national company it could be problematic to achieve the quorum of non-recused board members to constitute the consideration of an appeal.

Shifting appeals from the RESNET Board to a RESNET Appeals Panel selected at the time of an appeal to avoid conflicts of interest would resolve the issue of appearance of conflict of interest where board members may have or could have a competitive relationship with an appellant.

The RESNET Standard Development Committee (SDC) 900 previously adopted the following interim standard amendment:

912.1.7  Within five (5) business days after receipt of the decision of the RESNET Ethics and Appeals Committee, the Appellant shall notify the RESNET Executive Director of their intent to appeal the decision of the RESNET Ethics ad Appeals Committee to an independent hearing by a RESNET Ethics Appeal Panel. The Appellant shall then have ten (10) business days after the date of notice to submit appeal documentation to the RESNET Executive Director.

A hearing shall be scheduled at a time convenient to all participants within a thirty (30) day period. At least a ten (10) business days notice shall be provided.

The Ethics Appeal Panel shall comprise three (3) voting members and one alternate who have not been directly involved in the dispute and who will not be materially or directly affected by the result of the decision made in the dispute.

At least two (2) persons shall be selected by the Appellant and at least two (2) persons shall be selected by RESNET as represented by the RESNET Executive Director, the RESNET Standards Manager and a member of the RESNET Board of Directors who will not be materially or directly affected by the result of the decision made in the dispute.

In cases where the Appellant does not wish to appoint any persons to the Ethics Appeal Panel, RESNET as represented by the RESNET Executive Director, the RESNET Standards Manager and a member of the RESNET Board of Directors shall appoint the members of the Ethics Appeal Panel.

The four (4) members selected shall hear the appeal. One (1) of the four (4) members shall be selected randomly as the alternate by the RESNET Standards Manager by a blind drawing. In the case that one of the three (3) voting members are unable to serve, this alternate will serve as the third voting member.

All decisions of the Ethics Appeal Panel shall be determined by a two thirds (2/3) majority. The Appellant shall have the burden of proof to demonstrate the fault of the RESNET Ethics and Appeals Committee decision. RESNET shall have the burden of proof to demonstrate that all actions taken were in compliance with the due process procedures of this standard.

RESNET is now going through its standard amendment public review and comment process to permanently adopt the interim standard amendment.

The proposed amended language is posted at Proposed Standard Amendment on Disciplinary Appeals

To submit your comments click on RESNET Amendment Comment Online Form

Comments are posted real time and you will be able to review comments that were submitted by clicking on Comments Submitted on Proposed Amendments

Only comments made through the online system will be accepted.

The public comment period will be open until Friday, August 19, 2016.

After the comment period, the RESNET Standard Development Committee 900 will consider and document each of the comments submitted and make appropriate changes. The revised proposed amendments then will be submitted to the RESNET Standard Management Board for adoption.