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
owners that may apply for certification;
(2) the verifier has adequate staff and
expertise to provide certification services, including:
(a) experience in green home building and
commercial 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 any changes to its
certification process or rating systems on which its prior approval by the
department was based.
D. The
department may rescind an existing verifier's approval at any time if it
determines 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 the department should not rescind the verifier's
approval. The director shall consider the request. The division director may
hold, at his or her discretion, a hearing and appoint a hearing officer to
conduct the hearing. The division director shall send a final decision to the
verifier on the latter of 20 calendar days after receiving the request or five
calendar days after a 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, at his or her sole
discretion, and appoint a hearing officer to conduct the hearing. The secretary
shall send a final decision to the verifier within the latter of 20 calendar
days after receiving the request or five calendar days after the date the
hearing concludes.
