Current through Register Vol. 35, No. 18, September 24, 2024
A. The department reviews the qualifications
for verifiers of the build green New Mexico or LEED-H certifications or LEED
commercial buildings, which shall be provided annually to the department, based
on the following criteria:
(1) the verifier
is independent from the homebuilders or homeowners or commercial building owner
that may apply for certification;
(2) the verifier has adequate staff and
expertise to provide certification services, including:
(a) experience in green building
services;
(b) ability to enlist and
serve builders and provide training, consulting and other guidance as
necessary;
(c) a method of auditing
the certification process to maintain adequate stringency; and
(d) ability to administer the program and
report on the certifications, audits and other relevant information the
department may request;
(3) the verifier can identify the geographic
area being served; and
(4) the
verifier provides a statement that expresses a commitment to promoting
energy-efficient green building with the highest standard of
excellence.
B. The
department approves verifiers after an entity submits a written request to the
department that includes documentation on how the entity meets the required
criteria. The department notifies the entity of the reasons for disapproving
eligibility.
C. The verifier shall
notify the department 30 calendar days prior to making changes to its
certification process or rating systems.
D. The department may rescind an existing
verifier's approval if it determines that the above criteria are not being
met.
E. The department notifies the
verifier of the reasons for disapproving or rescinding eligibility as follows.
(1) The department shall notify the verifier
of the proposed rescission in writing. The verifier has the right to request in
writing review of the decision to rescind the verifier's approval. The verifier
shall file a request for review within 20 calendar days after the department's
notice is sent. The verifier shall address the request to the division director
and include the reasons that the department should not rescind the verifier's
approval. The director shall consider the request. The division director may
hold a hearing and appoint a hearing officer to conduct the hearing. The
division director shall send a final decision to the verifier within 20
calendar days after receiving the request or the date the hearing is
held.
(2) The verifier may appeal
in writing to the department's secretary a division director's decision. The
notice of appeal shall include the reasons that the secretary should overturn
the division director's decision. The secretary shall consider any appeal from
a division director's decision. The verifier shall file the appeal and the
reasons for the appeal with the secretary within 14 calendar days of the
division director's issuance of the decision. The secretary may hold a hearing
and appoint a hearing officer to conduct the hearing. The secretary shall send
a final decision to the verifier within 20 calendar days after receiving the
request or the date the hearing concludes.
