1. (a) Appeals permitted by the following sections are subject to the provisions of this section: 15 AAC 155.530, 15 AAC 155.540, and 15 AAC 155.560.

2. (b) An interested party may appeal the following decisions by the Corporation under this section:

   1. (1) a decision to deny an application from a person seeking to be authorized to perform energy ratings for use in Corporation programs under 15 AAC 155.530;
   2. (2) a decision to decline to renew an energy rater agreement under 15 AAC 155.540;
   3. (3) a decision to terminate or suspend an energy rater agreement under 15 AAC 155.560; and
   4. (4) a decision to discipline, censor, withhold payment, or take any other administrative action as provided under the terms and provisions of the energy rater agreement.

3. (c) The appeal must be submitted within 30 days after receipt of notification of the decision to the Corporation's chief procurement officer. The appeal must be in writing and must include the following information:

   1. (1) the name, address, and telephone number of the appellant;
   2. (2) the signature of the appellant or the appellant's designated representative;
   3. (3) identification of the decision, or administrative action at issue;
   4. (4) the factual grounds upon which the appeal is based;
   5. (5) relevant exhibits or affidavits;
   6. (6) reference to any laws, regulations, provisions of the energy rater agreement, or Corporation policies or procedures upon which the appellant relies; and
   7. (7) the form of relief requested.

4. (d) Upon receipt of an appeal, the chief procurement officer shall direct the energy program manager to submit a written response to the appeal within 30 days. The response must include the following information:

   1. (1) the name, job title, and telephone number of the person preparing the response;
   2. (2) the signature of the person preparing the response;
   3. (3) a statement of the reasons supporting the decision or administrative action;
   4. (4) the factual grounds upon which the decision or administrative action is based;
   5. (5) relevant exhibits or affidavits; and
   6. (6) reference to any laws, regulations, provisions of the energy rater agreement, or Corporation policies or procedures upon which the Corporation relies.
5. (e) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the requested relief under the statutes and regulations governing energy rater authorization.
6. (f) After receipt of the Corporation's response, the chief procurement officer shall issue a decision within 45 days stating the reasons for the decision. If the chief procurement officer determines that additional information is necessary to reach a decision, the chief procurement officer may provide for additional written or oral presentations. If the chief procurement officer requests additional presentations, the time within which the chief procurement officer must issue a decision will be extended by 15 days.
7. (g) The Corporation will not consider a further appeal from a written decision of the chief procurement officer.

(Eff. 6/14/2010, Register 204)