Process of Suspension or Termination
The regulations regarding suspension of the Energy Rater Agreement are contained in 15 AAC 155.560.
The termination and/or suspension process includes:
- Processing Complaints
- Four Step Complaint Management Process
- Corrective Action
If AHFC receives a complaint or discovers a violation:
- If AHFC recognizes a valid complaint, AHFC shall direct the complainant to submit a written formal complaint to AHFC.
- If AHFC discovers an energy rater has failed to comply with the Energy Rater Agreement, the Alaska Energy Rater Manual, statutes, regulations, or other governing authority, AHFC shall provide written notification to the Energy Rater.
- AHFC shall direct complainants who report a concern of a criminal, public safety, or moral turpitude nature (e.g., theft, drug or alcohol abuse, etc.) to notify the police immediately and to file a police report.
- AHFC shall notify the energy rater immediately if AHFC receives concerns of this type, and that AHFC advised the complainant to report the concern to the police.
- Notification: AHFC shall notify the rater in writing of formal complaints received within 10 calendar days of receiving a formal complaint or discovery that an Energy Rater has failed to comply with the Energy Rater Agreement, the Alaska Energy Rater Manual, statutes, regulations, or other governing authority.
- Rater Response:
- The energy rater is required to respond to formal complaints in writing. Rater is encouraged to contact AHFC as soon as possible, verbally or in writing, to discuss the issue as needed to achieve an effective resolution.
- The energy rater shall respond to AHFC notification and correct sub-standard energy ratings within 10 calendar days of receipt of written notification from AHFC, per the Alaska Energy Rater Manual, Section 8000.02.
- Investigation: AHFC shall exercise due diligence to determine the cause of the problem and identify methods to resolve the problem.
- Decision: AHFC shall render a decision that may include no further action, corrective action(s), suspension, or termination. If AHFC suspends or terminates an energy rater agreement, AHFC shall notify the energy rater, in writing, of the energy rater's right to appeal.
AHFC shall determine corrective actions as appropriate for the situation. Based on the nature and severity of the complaint, AHFC has the discretion to suspend or terminate the energy rater agreement.
If complaints are based on a formal police report AHFC shall take appropriate action based upon the final outcome of the police investigation.
- AHFC and the rater shall develop a corrective action plan for the issue, with timelines and objectives. The corrective action may require the rater to obtain additional training, undergo formal ratings reviews, or otherwise assure AHFC that the issue is resolved.
- AHFC and the rater shall review the rater's response after the corrective actions have been met.
- AHFC may, at its discretion and depending upon the severity of the issue, immediately suspend or terminate the rater agreement in lieu of issuing a written warning.
Corrective actions may include:
- Education: AHFC may require the energy rater to:
- complete additional training, and/or,
- submit energy ratings to AHFC for review before becoming an official rating.
- Written Reprimand: AHFC may issue a written warning specifying specific required corrective actions and timelines to address the issue. Failure to comply with the conditions of the written notification may result in suspension or termination.
- Suspension of the energy rater agreement
- Termination of the energy rater agreement
If AHFC suspends a rater agreement, AHFC shall define, in writing, the duration of the suspension and the conditions under which the rater may apply for renewal of the rater agreement. Additional training, testing, ratings reviews, and/or certifications may be required prior to re-application.
Termination is a permanent revocation of the energy rater agreement. However, an energy rater may request to re-apply for an energy rater agreement. AHFC may consider requests for re-application. AHFC may require additional training, testing, ratings reviews, certifications, and/or other measures to ensure an improvement in the energy rater's performance, prior to considering a request for re-application.
The energy rater may appeal AHFC's decision to suspend or terminate the energy rater agreement, per 15 AAC 150.225, Appeals Related to Energy Rater Authorization.